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TMI Blog2020 (4) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... R BHAVNESH SAINI, J.M. 1. This appeal by assessee has been directed against the order of Ld. CIT(Appeals), Ghaziabad dated 31.03.2017 for Assessment Year 2006-07 on the following grounds : - 1) "On the facts and in the circumstances of the case, the Ld. CIT(Appeals) has erred in sustaining the order u/s 154 and thereby disallowing the claim of indexation of the assessee which steps in automatic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee filed application u/s 154 of the Act requesting for rectification of errors in the order u/s 251/143(3) of the Act as noted in the impugned order. The AO in the impugned order u/s 154 rejected the application u/s 154 and also noted that appeal of the Department is pending before ITAT against the order of the CIT(A). The assessee challenged the order u/s 154 dated 18.08.2011 before Ld. CIT(A). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and sale of 'rights to receive compensation' has been treated as a business transaction. According to the appellant the benefit of indexation on cost of purchase of 'right to receive compensation' should have been given to the appellant while giving appeal effect. Examination of facts reveals that indexation of cost of acquisition was never claimed by the appellant in the original appeal pref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d interest was made during assessment u/s 143(3). In view of these facts, the appellant's claim u/s 154 to 251/143(3) is not maintainable and thus dismissed. In view of these facts the contention of the appellant that there is any prima facie mistake in giving appeal effect u/s 251 is not maintainable and thus dismissed. 6. In the result, the appeal is dismissed." 3. We have heard Ld. Represent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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