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2018 (3) TMI 380

the relief already granted to the assessee - correct adoption of the sale consideration - Held that:- CIT(A) is also one of the Income Tax authorities referred to in section 116 and accordingly he is entitled to amend his order passed by him under the provisions of the Act. However, the rider has been placed in section 154(1A) of the Act, wherein, it stipulates that an order earlier passed by Income Tax authorities could be subject matter of amendment/rectification in terms of section 154(1), only in relation to matter other than the matter which has been so considered/decided by such authority earlier in his order. - In the instant case, CIT(A) had accepted the sale consideration reported by the assessee and also appreciated the fact .....

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anesh, AM 1. This appeal is directed against 154 order passed by the Learned Commissioner of Income Tax (Appeals)-13, Kolkata (in short the Ld. CIT(A)] in appeal No. 1144/CIT(A)-13/Kol/Circle-44/2010-11/2014-15 dated 15.03.2016 seeking to rectify his own order passed on 30.12.2015 which was against the order passed by the DCIT, Circle-44, Kolkata (in short the ld. AO) u/s 147/143(3) of the Income Tax Act, 1961 (in short the Act) on 04.03.2015 for the assessment year 2010-11. 2. The only issue is to be decided in this appeal is as to whether the Ld. CIT(A) was justified in disturbing the value of sale consideration in the proceedings u/s 154 of the Act, in the facts and circumstances of the case. 3. The brief facts of this issue is that the .....

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al no. 1144/CIT(A)-13/Kol/Circle-44/2010-11/2014-15 dated 30.12.2015 by observing as under: 6. Decision: 6.1. I have gone through the facts submitted by the assessee and the ground on which the ld. AO has made addition. The AO has simply relied on the valuation report made by the Registered valuer and disbelieved, the explanation & stand taken by the assessee that the property was in the property was in the possession of his staff and sale consideration was set by his staff, treating it to be a concocted story to avoid the legitimate tax on Capital Gain on the sale of these properties. 6.2 In this regard it is to point out that the valuation department did not consider the dispute over the property, which was going on since long as this .....

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in appeal order to replace the value of sale consideration as per stamp valuation of ₹ 12,08,400/- and relief allowed of ₹ 9,94,152/-. Notice was issued to the appellant dated 15.02.2016 fixing the hearing on 19.02.2016 in order to give him an opportunity to know his version against proposal of aforesaid 154 of the I.T. Act. The appellant has not submitted any argument or written up nor attended the same. Considering the fact that it was prima facie mistake therefore the allowance/relief of appeal made to the appellant on this issue is hereby withdrawn. The addition made by the AO on this issue is confirmed for calculating long term capital gain at ₹ 12,08,400/- on stamp value. The grounds of appeal of the appellant is not .....

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sponse to this, the ld. DR vehemently relied on the order of the Ld. CIT(A). We find that the provision of section 154(1) and 154(1A) read as under: Section 154 - Rectification of mistake (1) 3 With a view to rectifying any mistake apparent from the record an income- tax authority referred to, in section 116 may,- (a) amend any order passed by it under the provisions of this Act; (b) amend any intimation sent by it under sub- section (1) of section 143, or enhance or reduce the amount of refund granted by it under that sub- section.] (c) amend any intimation under sub-section (1) of Section 200A; (d)amend any intimation under sub-section (1) of section 206CB.] Section 154 (1A) (1A) 4 Where any matter has been considered and decided in any p .....

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entioned properties for the purpose of capital gains and also after appreciating the fact that the valuation officer had not considered the existing disputes over the subject mentioned properties , while valuing the property. Hence, the entire gamut of consideration of the subject mentioned properties has been duly considered and decided by the Ld. CIT(A) earlier in his order dated 30.12.2015. Hence, the said finding of facts cannot be disturbed by him by way of seeking recourse to section 154 in view of specific rider or prohibition provided in section 154(1A) as enumerated supra. If at all the revenue is aggrieved, against the earlier order passed by the Ld. CIT(A) dated 30.12.2015, the proper recourse would be to prefer to such appeal be .....

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