TMI Blog1983 (7) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... essment year 1972-73, in the income-tax assessment made under s. 143(3) of the said Act on July 23, 1974. Subsequently on the ground that there was information from the audit party that the exemption was not available to a HUF, the assessment was reopened by ITO under s. 147(b). In the reassessment made on January I 1, 1978, the ITO took the view that the exemption granted under s. 54 in respect of the sale of the 20% share in the property known as " Chamundeswari Bagh " at No. 9, Santhome High Road, has been wrongly allowed in the original assessment. He, therefore, withdrew the exemption granted in the original assessment. The assessee took the matter in appeal to the AAC, questioning both the jurisdiction of the ITO to make a reassessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been made out for invoking the power of the rectification of a mistake apparent from the record, that the jurisdiction of the ITO to reopen the assessment under s. 147(b) was not the subject-matter of the appeal filed by the Revenue against the order of the AAC, and that there is, therefore, no question of any rectification of mistake arising. According to the Tribunal, the question of rectification will arise only if the Tribunal gives a decision on the point as to the jurisdiction earlier in one way and the Supreme Court deciding that question differently later. According to the Tribunal, as it has not decided the question of jurisdiction at any point of time, the decision of the Supreme Court in Indian and Eastern Newspaper Society's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er. As a matter of the fact, he did not file an appeal against, the view taken by the AAC on the question of jurisdiction before the Tribunal. Even in the appeal filed by the Revenue against the decision of the AAC on merits, he did not raise any cross-objection questioning the jurisdiction of the ITO to reopen the assessment under s. 147(b) of the Act, on the basis of the audit report. Therefore, there was no occasion for the Tribunal to go into the question of jurisdiction. When the Tribunal has not given a decision on the point, we do not see how a mistake apparent from the record could arise from the order of the Tribunal on the question of jurisdiction, merely from the fact that subsequently a decision has been rendered by the Supreme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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