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TMI Blog2014 (5) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... had merged in the order of First Appellate Authority, the rectification application filed by the Revenue before the First Appellate Authority was maintainable - The High Court while partly allowing the revision petition had come to the conclusion that the power given to Tribunal is not co-extensive with the powers of the assessing officer and hence the Tribunal can only restore assessment order but cannot enhance the turnover on tax. However, High Court has permitted the Revenue to rectify the orders passed by the assessing authority for the assessment years 1971-72, 1973-74 and 1974-75 only and confirmed the orders passed by the First Appellate Authority and Tribunal - Since the prayers sought for by the Revenue in this appeal have alre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cture of zinc dross, fabricated steel, scrap etc. 5. The assessing authority for the aforesaid assessment years had completed the assessments and had levied tax at the rate of 3 per cent on the ground that the assessee deals in fabricated steel alone. 6. The assessee being aggrieved by the orders passed by the assessing authority for the aforesaid assessment years had carried the matter in an appeal before the First Appellate Authority, namely the Appellate Assistant Commissioner inter alia claiming that fabricated steel requires to be taxed only at the rate of 2 per cent and not at the rate of 3 per cent as has been done by the assessing authority. The First Appellate Authority had partly allowed the appeal by reducing the tax on Zin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lier order of fabricated steel being taxable at 3%. 9. Thereafter, the Revenue filed revision petitions against the order passed by the Tribunal before the High Court. The High Court after a careful consideration has observed on two broad issues raised by the Revenue in their revision petitions. Insofar as the order passed by the First Appellate Authority in rejecting the Revenue's application under Section 22 of the Act, the High Court has come to the conclusion that the First Appellate Authority was not justified in rejecting the application since there was an error apparent on the face of record and because the order of assessing officer had merged in the order of First Appellate Authority, the rectification application filed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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