TMI Blog2016 (11) TMI 726X X X X Extracts X X X X X X X X Extracts X X X X ..... leting the assessment for the year. Under such circumstances, we are of the view that the Tribunal was abundantly justified in the facts and in the circumstances of the case in hand to have concluded that this is a case where proceedings were impermissible in view of the embargo under the first proviso to Section 147 of the Act. Having held so, we cannot but to affirm the decision of the Tribunal and thereby answer the questions raised by the Revenue against it.- Decided in favour of assessee. - I.T.A.No. 92 of 2010 - - - Dated:- 27-10-2016 - THOTTATHIL B.RADHAKRISHNAN AND DEVAN RAMACHANDRAN, JJ. FOR THE APPELLANT : ADV.SRI.PKR MENON, SENIOR COUNSEL, GOI (TAXES) ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX FOR THE RESPONDENT : ADV. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... artment and the learned counsel for the respondent/assessee, which is a Government Company. 3. Learned counsel for the respondent pointed out that no question of law much less any substantial question of law, including those mentioned hereinabove, arises for decision in this appeal, going by the order of the Income Tax Appellate Tribunal as also the order of the subordinate authority, which the Tribunal considered. 4. Learned Senior Standing Counsel for the Department argued that the Tribunal exceeded its jurisdiction in setting aside the action taken by the assessing authority to determine and assess income which, according to the assessing authority, had escaped assessment. He pithily pointed out that the Tribunal erred in law in ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt year. Specific reference was made to Sub-section (3) of Section 147 of the Act and the effect of the provisos. 7.We may now note certain factual details, which have been culled out from the relevant paper books and materials by the Appellate Tribunal, which is the last authority on facts, after noticing that the assessment under Section 143(3) of the Act was done on 24.03.1995. We quote the relevant facts from the order of the Appellate Tribunal as follows: xxx xxx xxx xxx In the assessee's paper book Pg.No.3 (internal page No.2) shows the deductions under section 80HH and 80I (6th year claim) made by the Assessing Officer under the Head revised computation of total income. The assessee's paper book pg.No.6 shows the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lf which is available in assessee's paper book pg.No.10. It was also accepted by the ld. Counsel for the assessee in assessee's paper book in pg.11 that it appears by mistake he has claimed only 5% instead of 25%. Since it was mistake apparent on record, he requested the Department to allow the eligible 25% deduction. The assessee's paper book pg.No.12 particularly para 2 sub-para (a) relates to the Department's rectification order under section 154 wherein the assessee vide letter dated 30.07.1993 pointed out that the Department has accepted that this is a debatable issue which cannot be covered under section 143 (1)(a) and allow the deductions claimed. The Department allowed the request of the assessee to fully deduct 25% ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esponded to the queries raised by the assessing officer in the original assessment proceedings and during the course of such proceedings had produced all material facts as were called for and were relevant and necessary for completing the assessment for the year. Under such circumstances, we are of the view that the Tribunal was abundantly justified in the facts and in the circumstances of the case in hand to have concluded that this is a case where proceedings were impermissible in view of the embargo under the first proviso to Section 147 of the Act. Having held so, we cannot but to affirm the decision of the Tribunal and thereby answer the questions raised by the Revenue against it. The income tax appeal is dismissed answering the questi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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