2017 (1) TMI 855

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..... ion 1 does not arise from impugned judgment. Rectification of mistake - assessed loss and unabsorbed depreciation to be carried forward and treat return as a valid return in absence of Section 139(9) - Held that:- CIT(A) in fact, considering various submissions advanced by Assessee on merits, has virtually changed earlier order and now allowed appeal and directed Assessing Officer to allow assessed loss and unabsorbed depreciation to be carried forward and treat return as a valid return in absence of Section 139(9) of Act 1961 and thereby has virtually reviewed earlier assessment. This approach of CIT(A) in passing order dated 21.09.2000 under Section 154 is found patently illegal and without jurisdiction. Since in the garb of rectifica .....

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..... he return under Section 139 (9) of the Income Tax Act? 2. Whether application moved under Section 154 of the Income Tax Act for rectification of the Assessment Year 1992-93 being allowed by the appellate authority could not have been set aside by the Tribunal on the ground that he does not fall within the domain of appellate authority? 3. After hearing learned counsel for parties, we find that first question with regard to Section 139(9) of Act 1961, does not arise, for the reason that Assessing Authority has not rejected Return for any defect therein and in fact the revised Return filed by Assessee on 21.01.1993 was taken and thereafter Returning Authority proceeded to make assessment by means of order dated 13.12.1994. Hence Sect .....

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..... l and set aside order passed by CIT(A). 6. Scope of Section 154 has been considered in Honda Siel Power Products Ltd. Vs Commissioner of Income Tax, Delhi, (2007) 12 SCC 596 and therein Court has said and observed as under:- As stated above, in this case we are concerned with the application under Section 254 (2) of the 1961 Act. As state above, the expression rectification of mistake from the record occurs in section 154. It also finds place in section 254(2). The purpose behind enactment of section 254(2) is based on the fundamental principle that no party appearing before the Tribunal, be it an assessee or the Department, should suffer on account of any mistake committed by the Tribunal. This fundamental principle has nothing t .....

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