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TMI Blog2015 (12) TMI 1228X X X X Extracts X X X X X X X X Extracts X X X X ..... the validity of the assessee's separate debit of transport expenditure under the Head "Direct Expenses" i.e., Schedule-11 to the P & L account and further that the A.O. has not applied his mind by verifying from the Sales Tax authorities and failed to ascertain correct figures and hence, the order of the assessment passed by the A.O. without making necessary enquiries on such important points connected with assessment would be erroneous and prejudicial to the interests of the Revenue. From these observations of the Tribunal, it is evident that this Tribunal has held assessment order to be erroneous and prejudicial to the interests of the Revenue and has upheld the order of the Ld. CIT under section 263 in directing the A.O. to re-do th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment order is both erroneous as well as prejudicial to the interests of the Revenue as the A.O. has failed to consider and verify the purchases from Reliance Industries Ltd., i.e., whether or not they are inclusive of transport charges. He therefore, revised the assessment order by exercising his powers under section 263 of the I.T. Act and directed the A.O. to bring to tax the said sum of ₹ 18,23,885, representing the inflation in purchases debited to the P L account and to tax the transport charges of ₹ 12,32,779 and also to consider the total CENVAT credits availed by the assessee of ₹ 69,64,036 as against the figure of ₹ 66,74,967 reduced from the purchases by the assessee. Further, he also directed the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the same, the Ld. CIT(A) confirmed the order of the A.O. by following the decision of this Tribunal in ITA.No.751/Hyd/2011 Dated 31.08.2012 and dismissed assessee's appeal. Aggrieved, assessee is in appeal before this Tribunal and the Tribunal vide order dated 08.01.2014 dismissed assessee's appeal holding that there is no merit in the same. Alleging that there are mistakes apparent from record in the orders of the Tribunal in both the appeals, i.e., against order under section 263 and also against the order giving effect to the order under section 263, the assessee has filed the present miscellaneous applications. 3. The Ld. Counsel for the assessee submitted that it is an admitted fact that the A.O. during the original ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Ld. CIT has committed an error in not directing the A.O. to verify the details before making any addition. He has submitted that the Tribunal has taken note of the final directions given by the Ld.CIT to redo the assessment and under the impression that the A.O. would verify the details before re-doing the assessment, has dismissed assessee's appeal against the order under section 263. Thus, according to him, the Tribunal though has dismissed the appeals, ought to have taken note of contradictory stand of the Ld. CIT and ought to have directed the A.O. to verify the details filed by the assessee before making the assessment. To that effect, according to him, there is a mistake apparent in the order of the Tribunal. The Ld. Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal has held that the Ld. CIT was right in directing the A.O. to re-do the assessment as the A.O. in the original assessment had not made any enquiries as to the genuineness of the purchase figure or to the validity of the assessee's separate debit of transport expenditure under the Head Direct Expenses i.e., Schedule-11 to the P L account and further that the A.O. has not applied his mind by verifying from the Sales Tax authorities and failed to ascertain correct figures and hence, the order of the assessment passed by the A.O. without making necessary enquiries on such important points connected with assessment would be erroneous and prejudicial to the interests of the Revenue. From these observations of the Tribunal, it is evi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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