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TMI Blog2018 (8) TMI 859X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the revenue and has confirmed the order passed by the learned CIT(A) quashing and setting aside the order passed under Section 154 of the Income Tax Act, revenue has preferred the present Tax Appeal with the following proposed question of law; "Whether the Appellate Tribunal has erred in law and on facts in quashing the order made u/s 154 of the Act?" [2.0] The facts leading to the present Appeal in nutshell are as under; [2.1] The assessee filed the return of income on 28/09/2008 declaring the total income of Rs. 3,79,41,880/-. Thereafter, revised return of income was filed by the assessee declaring the total income at Rs. 2,77,42,980/-. The case was selected for scrutiny, and therefore, notice under Section 143(2) of the Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the learned Assessing Officer wrongly assumed the jurisdiction as the original assessment order was scrutiny assessment order and was passed after detailed consideration of the claim, and therefore, it cannot be said that there was any error apparent and /or mistake, which was required to be corrected in exercise of powers under Section 154 of the Income Tax Act. The order passed by the learned CIT(A) has been confirmed by the learned Tribunal by the impugned order. Hence, revenue has preferred the present Tax Appeal with the aforesaid proposed question of law. [3.0] Heard Mrs Mauna Bhatt, learned Advocate appearing on behalf of the appellant and Ms. Urvija Shah, learned advocate appearing for Shri Vijay Ranjan, learned advocate appear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the order passed by the learned Assessing Officer under Section 154 of the Income Tax Act, it appears that while passing the order under Section 154 of the Income Tax Act, the learned Assessing Officer has considered the entire issue afresh as if the regular assessment proceedings. When the original assessment order was passed the same was after long drawn process of reasoning and as per catena of decisions powers under Section 154 of the Income Tax Act are not required to be exercised. As rightly observed, powers under Section 154 of the Income Tax Act can be exercised only when the mistake, which is sought to be rectified is an obvious mistake, which is apparent from the record and not a mistake, which is required to be established by l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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