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2019 (5) TMI 315 - AT - Income TaxRectification u/s 154 of CIT-A's order - CIT(A) considering the issue in detail, partly allowed the appeal of assessee and assessee did not file any further appeal before ITAT against this Order - HELD THAT - No justification to interfere with the Order of the CIT(A) in rejecting the application under section 154 of the I.T. Act. Since the CIT(A) decided the appeal on merits vide Order dated 24.07.2018 as is contended by the D.R., therefore, there was no jurisdiction with the CIT(A) to review its own order or to re-appraise the issue already decided on merits. CIT(A), therefore, correctly dismissed the application under section 154 - Appeal of assessee is accordingly dismissed.
Issues Involved:
Challenge to Order under section 154 of the I.T. Act by the Assessee. Analysis: The appeal was directed against the Order of the Ld. CIT(A), Meerut, dated 03.10.2018, under section 154 of the I.T. Act, 1961, for the A.Y. 2010-2011. The Ld. CIT(A) noted that the application under section 154 was received after the due date and that the Assessee's request for re-appraisal of issues already decided was beyond the scope of Section 154. As there was no mistake apparent from the record, the application was dismissed. The Assessee challenged this Order, but failed to appear at the hearing. The Ld. CIT(A) had partly allowed the appeal of the Assessee in a previous order dated 24.07.2018, which became final as no further appeal was filed before ITAT. The Ld. CIT(A) rightly dismissed the application under section 154 as there was no jurisdiction to review its own order or re-appraise issues already decided on merits. The appeal of the Assessee was accordingly dismissed, and the order was pronounced in open court. This detailed analysis of the judgment highlights the procedural aspects, the scope of Section 154 of the I.T. Act, the importance of timely submissions, and the limitations on reviewing decisions already made on merits. The judgment emphasizes the finality of decisions and the need for parties to adhere to legal procedures and timelines in challenging orders.
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