2008 (1) TMI 388

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..... was for the Assessing Officer to give the reasoning to reject the contention of the assessee – matter remanded to pass and order on the merits - 153 of 2004 - - - Dated:- 22-1-2008 - DEEPAK VERMA and K. L. MANJUNATH JJ. Kumar for King and Partridge for the appellant M. V. Seshachala for the respondent. JUDGMENT The judgment of the court was delivered by K. L. MANJUNATH J.- This appeal is by the assessee challenging the concurrent findings of the order passed by the Assessing Officer dated December 19, 1995, which has been affirmed by the Commissioner of Income-tax (Appeals) and further confirmed by the Income-tax Appellate Tribunal, Bangalore Bench, in I. T. A. No. 395/Bang/1998 dated November 21, 2003. 2. In respe .....

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..... me to be dismissed on the ground that the Assessing Officer was justified in passing the order of rectification under section 154 of the Income-tax Act in disallowing the interest awarded to the assessee by the earlier assessment order amounting to Rs. 25,41,834. Against the concurrent findings of the orders, a second appeal was filed before the Income-tax Appellate Tribunal which appeal came to be allowed in part granting relief to the assessee under section 244A(1)(b) of the Income-tax Act was confirmed. Therefore, the present appeal is filed raising the following substantial question of law: "(i) On facts and in the circumstances of the case, whether the authorities below were justified in holding that in view of the proviso to section .....

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..... face of the record. 8. Annexure B is the order of the Assessing Officer dated December 19, 1995. A mere perusal of the order dated December 19, 1995, we are of the opinion that the Assessing Officer has not passed the order assigning any reason to hold that there was a mistake apparent on the face of the record to invoke section 154 of the Income-tax Act. But it is seen from the order passed by the Commissioner of Income-tax (Appeals) that he has discussed this point in detail to show that prior to the order passed by the Assessing Officer, a show-cause notice was issued to the assessee stating that the Assessing Officer has granted the relief earlier and that the same is a mistake apparent on the face of record for which the assessee .....

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