TMI Blog2018 (7) TMI 932X X X X Extracts X X X X X X X X Extracts X X X X ..... issues. Thus, admittedly, there were parallel proceedings both u/s.154 as well as 147 of the Act. It might be true that order passed u/s.154 of the Act was overturned by the appellate authorities. There were two different proceedings u/s.147 and 154 of the Act on the same issue and this has not been disputed by the ld. Departmental Representative. Commissioner of Income Tax (Appeals) while holding in favour of the assessee had relied on the judgment of Hon’ble Jurisdictional High Court in the case of CIT vs. E.I.D Parry Limited, (1995 (3) TMI 65 - MADRAS HIGH COURT). Commissioner of Income Tax (Appeals) was justified in deleting the disallowance - Decided against revenue - I.T.A. No. 175/CHNY/2018 - - - Dated:- 3-7-2018 - SHRI ABRAHA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mental Representative, assessment was later completed u/s.147 r.w.s. 143(3) of the Act on 16.12.2010, disallowing the claim of A2,10,754/- made by the assessee u/s.80HHC of the Act. Submission of the ld. Departmental Representative was that, ld. Commissioner of Income Tax (Appeals) on assessee s appeal deleted such disallowance holding that there could be no parallel proceedings u/s.147 and 154 on the same issue. As per the ld. Departmental Representative, by virtue of judgment of Hon ble Kerala High Court in the case of CIT vs. India Sea Foods, (2011) 322 ITR 424, proceedings initiated u/s.154 of the Act once dropped, could not be a reason for holding that a re-assessment proceedings initiated for the same issue was invalid. 3. Despite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment, and, for the latter, any mistake apparent from the record. Thus, the existence of the information for the belief that income chargeable to tax has escaped assessment is the sine qua non for reopening the assessment under section 147(b) and discovery of an error apparent on the record is the sine qua non for rectification under section 154 of the Act. The provisions for rectification of error apparent on the record and for taking proceedings regarding escapement are common features in the tax laws and they are to be invoked in different circumstances. The ITO can have recourse to one or the other, but he must have recourse to the appropriate provision having regard to the facts and circumstances in each case. In cases where the two ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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