TMI Blog2017 (9) TMI 1523X X X X Extracts X X X X X X X X Extracts X X X X ..... der, the assessing officer cannot make such rectification. Therefore, there is no mistake which required to be rectified in the consequential order passed by the assessing officer. Further, as discussed above, the assessing officer has included the income from other sources in the estimation made in the assessment, which was confirmed by the appellate authorities, hence taxing the income from other sources separately is a debatable issue which cannot be adjudicated upon u/s 154 of I.T.Act. Therefore we set aside the order of the lower authorities and allow the appeal of the assessee. - I.T.A. No. 386/Viz/2015 - - - Dated:- 13-9-2017 - Shri V. Durga Rao, Judicial Member And Shri D. S. Sunder Singh, Accountant Member Appellant by : S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said amount deduction was allowed with respect to the remuneration and interest paid to the partners and the depreciation amounting to ₹ 1,05,98,095/-. The AO passed the consequential order giving effect to the ITAT s order and revised the total income to ₹ 15,40,717/- by an order dated 04.12.2009. Subsequently the AO has issued the notice u/s 154 for rectifying the consequential order dated 04.12.2009 to bring receipts in respect of interest on BG deposits, I.T. refund and internal transfers to tax, for which the assesse objected for proposed rectification. Ignoring the objections raised by the assessee, the assessing officer passed an order u/s 154 dated 28.03.2014 making the following additions : (a) I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer to make estimation of income @12.5% inclusive of the above receipts. Matter travelled to the Hon ble ITAT and the Tribunal passed the order directing the assessing officer to estimate the income @11% and allowed depreciation, interest and the remuneration paid to the partners. From the orders of the assessing officer, Ld.CIT(A) and the Hon ble ITAT, it is clear that the income computed was including the above receipts and the income from other sources was never brought to tax separately. The assessing officer sought to rectify the order of the Hon ble ITAT, Visakhapatnam stating that while giving effect to the order of the ITAT, the assessing officer committed a mistake in respect of interest income which was never an issue before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d interest and remuneration paid to the partners estimated at 11% of the net contract receipts would meet the ends of justice and we order accordingly. 5.1. From the plain reading of the Order of the Hon ble ITAT, it is evident that the ITAT has not directed the AO to assess the income from other sources separately. The assessing officer has already included the income from other sources in the estimation made by him. It was never brought to tax separately. The assessing officer sought to rectify the consequential order giving effect to the ITAT s order to bring the income from other sources separately which was not the direction of the ITAT.Without a specific directions in the order, the assessing officer cannot make such rectificati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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