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TMI Blog2015 (1) TMI 1481X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent : Shri P.S.R.V.V. Surya Rao. ORDER Per D. Manmohan, Vice President These two appeals by the Revenue are directed against the orders passed by the Commissioner of Income-tax(Appeals) II, Hyderabad referable in respect of the assessment year 2003-04 and 2004-05. Since the issues involved in both the appeals are common, we proceed to dispose of the same by a common order, for the sake of c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed u/s 154 on 26.02.2007. ii. The ld. CIT(A) failed to observe that the order had been passed out of audit objection raised by the Revenue Audit party and the issue is covered by exception laid down in the Board's instruction No.3 of 2011. iii. Any other ground that may be urged at the time foe hearing." 3. At the outset, it may be noticed that in S.154 proceedings, the Assessing Office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onnection cannot be considered as mistake apparent from record. Placing reliance upon the decision of the Hon'ble Supreme Court in MEPCO Industries Ltd. V/s. CIT (319 ITR 205), the learned CIT(A) concluded as under- "4.3. In view of the above decision, an issue which needs application of mind, cannot be treated as mistake apparent from the record therefore, the issue does not fall under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g proceedings under S.154 on the renewed interpretation of law was conspicuously absent in the grounds of appeal. In other words, the order of the learned CIT(A) with regard to the issue concerning validity of proceedings under S.154 for the reason that the Assessing Officer having applied his mind at the assessment stage, is not entitled to initiate proceedings under S.154 based on change of opin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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