2015 (1) TMI 1481 - AT - Income Tax

Rectification u/s 154 - validity of the proceedings under S.154 on the ground that it is time barred and even on merits, the assessee is eligible to weighted deduction - HELD THAT - Revenue is contesting only the issues concerning the period of limitation for passing an order under S.154; and also with regard to the exceptions provided for filing an appeal even where there was no tax effect, but the issue concerning validity of initiating proceedings u/s 154 on the renewed interpretation of law was conspicuously absent in the grounds of appeal. The order of the CIT(A) with regard to the issue concerning validity of proceedings u/s 154 for the reason that the Assessing Officer having applied his mind at the assessment stage, is not entitled to initiate proceedings u/s 154 based on change of opinion, has attained finality. In such an event of the matter, grounds filed before us, even if a decision has to be rendered, are of academic importance. H We are of the view that the appeals filed by the Revenue deserve to be dismissed on the ground that the issues raised herein are of academic importance, since the order passed u/s 154 has no legs to stand on the limited ground that it is based on change of opinion, and on this aspect of the matter has attained finality.

Summary

Issues involved:
- Validity of proceedings under section 154 based on change of opinion
- Limitation period for passing an order under section 154
- Exceptions provided for filing an appeal with no tax effect

Validity of proceedings under section 154 based on change of opinion:
The judgment dealt with two appeals by the Revenue against orders passed by the Commissioner of Income-tax(Appeals) II, Hyderabad for the assessment years 2003-04 and 2004-05. The Revenue raised grounds related to the limitation period for passing orders under section 154 and the initiation of proceedings based on audit objections. The assessee challenged the proceedings under section 154, arguing that the Assessing Officer erred in law and fact by issuing the order based on a renewed interpretation of the law. The Commissioner, citing a Supreme Court decision, concluded that issues requiring application of mind cannot be considered mistakes apparent from the record under section 154. The Commissioner also held that the proceedings were time-barred and decided in favor of the assessee on various grounds.

Limitation period for passing an order under section 154:
The judgment highlighted that the Revenue did not contest the validity of proceedings under section 154 based on a change of opinion in the appeals. The Revenue focused on issues related to the limitation period for passing orders under section 154 and exceptions for filing appeals with no tax effect. The judgment emphasized that the order of the Commissioner regarding the validity of proceedings under section 154 due to a change of opinion had attained finality. The Tribunal, after considering the circumstances and submissions, dismissed the Revenue's appeals on the basis that the issues raised were of academic importance. The Tribunal concluded that the order under section 154, based on a change of opinion, had no legal basis and had already reached a final decision on this matter.

Exceptions provided for filing an appeal with no tax effect:
The judgment clarified that the grounds of appeal presented by the Revenue did not address the issue of the validity of proceedings under section 154 based on a change of opinion. The Revenue's grounds solely focused on the limitation period for passing orders under section 154 and exceptions for filing appeals with no tax effect. The Tribunal noted that the order of the Commissioner on the validity of proceedings under section 154 had already been finalized. Therefore, the Tribunal dismissed the Revenue's appeals, stating that the issues raised were of academic importance, as the order under section 154, based on a change of opinion, had no legal standing.

---