TMI Blog2023 (5) TMI 481X X X X Extracts X X X X X X X X Extracts X X X X ..... annot be said that there was any mistake apparent from record or that the proceedings are amenable to the jurisdiction of the learned Assessing Officer under section 154 of the Act. Having not recorded any such satisfaction as required under law, AO cannot be allowed to contend that the provisions of section 115BBE of the Act are applicable to the case of the assessee and, therefore, the error in respect of leviable rates has to be rectified u/s 154 of the Act. Consistent view taken by the Co-ordinate Benches of this Tribunal referred to above is applicable to the facts of the case on hand on all force. Accordingly, hold that exercise of jurisdiction under section 154 of the Act by the learned AO is bad in law and consequently the procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter due scrutiny, the learned Assessing Officer by order dated 07/09/2017 accepted the return of income and concluded the proceedings under section 143(3) of the Act. 4. Subsequently, learned Assessing Officer proposed rectification of the assessment order. He considered the objections raised by the assessee for such proposed rectification. By order dated 09/04/2019, learned Assessing Officer recorded that the additional income of Rs. 20 lakhs was to be taxed at flat rate at 30% under section 115BBE instead of slab rates and, therefore, such an unaccounted money had to be brought to tax under section 115BBE of the Act. He passed order dated 09/04/2019 accordingly. 5. Assessee aggrieved by such action of the learned Assessing Officer, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m and Pradeepa Lagisetty. He submits that on a similarly placed facts and circumstances involving survey on 19/02/2015, the department cannot take two stands, one in the case of assessee and other in the case of others. Want of consistency in quasi-judicial proceedings is against the principles of natural justice. 8. Per contra, learned DR placed reliance on the Memorandum explaining the Finance Bill, 2012 and argued that in order to curb the practice of laundering of unaccounted money by taking advantage of basic exemption limit, section 115BBE of the Act was proposed to be inserted in respect of the unexplained credits, money, investment, expenditure etc., it was deemed as income under section 68, section 69, section 69A, section 69B, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of section 115BBE of the Act through an order dated 09/04/2019, proposing to rectify the mistake apparent from record under section 154 of the Act, which the assessee is challenging in this appeal. 10. Assessee submits that when once the learned Assessing Officer does not invoke section 115BBE of the Act in the assessment order passed under section 143(3) of the Act and simply accepted the additional income offered, there is no mistake apparent from record in respect of the rates of tax. Such a thing will be available to the learned Assessing Officer if he invokes the provisions of section 115BBE of the Act, but levies the tax at a different rate by mistake. For this, he relied on the decisions cited above. 11. In the cases of Hari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer cannot say that there was error apparent on record and has to be rectified under section 154 of the Act to invoke section 115BBE of the Act. In all these decisions, the decisions of Co-ordinate Benches of this Tribunal and the decisions of higher fora are noticed. 12. A perusal of section 115BBE of the Act clearly contemplates that it is only when the total income of the assessee includes any income referred to in sections 68, section 69, section 69A, section 69B, section 69C or section 69D of the Act or so determined by the Assessing Officer, then income tax has to be calculated under such section. A reading of section 68, section 69, section 69A, section 69B, section 69C and section 69D of the Act shows that for invoking such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y such satisfaction as required under law, the learned Assessing Officer cannot be allowed to contend that the provisions of section 115BBE of the Act are applicable to the case of the assessee and, therefore, the error in respect of leviable rates has to be rectified under section 154 of the Act. 14. With this view of the matter, I am of the considered opinion that consistent view taken by the Co-ordinate Benches of this Tribunal referred to above is applicable to the facts of the case on hand on all force. Accordingly, I hold that exercise of jurisdiction under section 154 of the Act by the learned Assessing Officer is bad in law and consequently the proceedings under section 154 of the Act are liable to be quashed. 15. In the resul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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