2021 (1) TMI 684 - AT - Income Tax

Rectification u/s 254 - Whether invoking section 50C was right? - both the CIT(A) and ITAT principally agreed with the view of the AO that invoking section 50C was right - HELD THAT - In the instant case, the Ld. CIT(A) has directed the AO to make a reference to the Valuation Officer in accordance with provisions of section 50C(2) of the Act. As mentioned earlier, the Ld. CIT(A), in an appeal against an order of assessment, may confirm, reduce, enhance or annul the assessment. He has no power to set aside/restore the order to the file of the AO. In such a scenario, we have held that the order passed by the Ld. CIT(A) being not in conformity with section 251 of the Act is bad in law. Consequently, we annulled the order passed by the Ld. CIT(A) and allowed the appeal filed by the assessee. Thus the relevant provisions of the Act as mentioned hereinabove have been followed. Consequently, there being no mistake in the order passed by the Tribunal, the MA being devoid of merit, is hereby dismissed.

Summary

Issues Involved:
Rectification of order by ITAT Mumbai regarding assessment year 2010-11.

Analysis:
The applicant sought rectification of the order passed by ITAT Mumbai for the assessment year 2010-11. The Tribunal had agreed with the view of the CIT(A) that the asset is depreciable, but it held that the CIT(A) cannot set aside/restore the order to the file of the AO. The DR argued that as both the CIT(A) and ITAT agreed with the view of the AO on invoking section 50C, the order should be rectified under section 254(2) of the Act. The assessee contended that there was no apparent mistake in the record, and the MA should be dismissed.

The appeal filed by the assessee before the CIT(A) included a ground related to the failure of the AO to consider the alternative claim of the appellant under section 50C(2) and refer the asset's valuation to a Valuation Officer. The CIT(A) partly allowed the ground by directing the AO to refer the valuation to the Valuation Officer in accordance with section 50C(2) of the Act. The power of the first appellate authority to set aside the assessment order has been withdrawn, and the CIT(A) can only confirm, reduce, enhance, or annul the assessment. Since the CIT(A) directed the AO to refer the valuation to the Valuation Officer, which is not in conformity with the law, the ITAT annulled the CIT(A)'s order and allowed the appeal filed by the assessee.

In conclusion, the ITAT found no mistake in the order passed on 27.12.2019 and dismissed the MA for being devoid of merit. The relevant provisions of the Act were followed in the decision-making process.