INCOME TAX ACT, 1961

Section 154

Rectification - Mistake apparent - AO reapplicated evidences already available on record - Review of earlier order

AO proposed to rectify mistake in assessment order under section 154 to withdraw calim of deduction under section 54. Assessee challenged order passed under section 154 on the ground that withdrawal of deduction under section 54/54F was beyond the scope of rectification of apparent and patent mistake as per section 154. Held: AO while passing the order under section 154 stated that on perusal of record of assessee and specifically on perusal of sale deed whereby assessee sold the immovable property, there was nowhere mentioned about construction of that said property. Therefore, the AO in proceedings under section 154 re-appreciated the evidences which were already available on record and considered by AO while passing scrutiny assessment order under section 143(3). AO had no jurisdiction under section 154 to re-appreciate the evidences already considered during scrutiny assessment as it would amount to review of its own order. Thus, AO has travelled beyond the jurisdiction and scope of section 154 and accordingly, impugned order was quashed.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. :

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