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TMI Blog2023 (2) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... ing it as erroneously crept-in while filing the ITR, which both the Ld. TAB rejected as falling outside the jurisdiction of section 154 of the Act. In our considered view, no error can be said to be apparent on the face of the record if it does not manifest or self-evident and requires an examination or argument to establish it. As in the present case, the appellant after culmination of regular assessment proceedings brought up the matter u/s 154 before the Ld. TAB alleging the interest income charged to tax u/s 143(3) of the Act as unearned and wrongly crept-in in the ITR, which invariably requires to be established so only by re-examination of records which ispo-fact falls outside the jurisdiction of section 154 of the Act. Since th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers, has e-filed its return of income [for short ITR ] declaring total income of ₹79,04,150/-, which was subjected to limited scrutiny by a notice u/s 143(2) of the Act. During the course of the regular assessment the assessee s authorised representative [for short AR ] made detailed submission called for and considering the same, the Ld. AO framed the assessment u/s 143(3) of the Act accepting returned income without variation by an order dt. 07/12/2017. 2.2 Upon the receipt of intimation determining the tax demand, the assessee by an application u/s 154 of the Act dt. 14/05/2019 sought to rectify the charge of interest income of ₹40,00,000/- under the head Income from Other Sources [for short IOS ]. However finding no fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ify or substitute any of the grounds of Appeal at the time of hearing. 3. When case was called up at pre-scheduled physical hearing, none represented the assessee, in the interest of justice we proceed to adjudicate the matter following rule 24 of the ITAT-Rules, which empowers the Tribunal to decide the appeal ex parte on merits where appellant does not appear in person or through its authorised representative and the same is done placing on record a no-objection from the respondent revenue. It is needless to mention that, proviso to said rule carves out an exception empowering the Tribunal to recall ex parte order if appellant appears afterwards and satisfies placing evidential material to the effect that, there was sufficient caus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... charged to tax u/s 143(3) of the Act as unearned and wrongly crept-in in the ITR, which invariably requires to be established so only by re-examination of records which ispo-fact falls outside the jurisdiction of section 154 of the Act. 7. Since the plea of the appellant is neither visible nor obvious nor self-evident on the face of the records which can be established without having re-examined the facts in the light of evidential document and without any lengthy and complicated arguments, hence to our considered view, sails out of apparent from record, for the reasons we approbate the action of both the Ld. TAB in the light of Hon ble Supreme Court s judgment of ITO Vs Volcart Bros. reported in 82 ITR 50, categorically held that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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