We find that the entire consolidated order of the Tribunal in ITA Nos.730 to 733/PUN/2015 dated 11.03.2019 is based on the decision of the Hon?ble Supreme Court in thecaseof ACIT Vs. Dhariya Construction Company (2010) 328 ITR 515 (SC) and in view of the ratio laid down by the Hon?ble Supreme Court (supra.), the Tribunal vide Para 18 of its order has taken a view that “the Assessing Officer is not entitled to reopen the assessment on the basis of such opinion of the DVO. Accordingly, we hold that the Assessing Officer had no authority to reopen the assessment u/s.147/148 of the Act. Consequently, the assessment order passed u/s.143(3) r.w.s147 of the Act, do not stand.”
Accordingly, Miscellaneous Application filed by Revenue is dismissed being devoid of any merit.
Sec. 254 of Income Tax Act, 1961— Rectification of mistake – Revenue filed a M.A.U/s. 254(2) of the Act, 1961 seeking recalling of its own consolidated order of Tribunal in ITA Nos.730 to 733/PUN/2016 dated 11.03.2019. In the guise of rectification, the Revenue is seeking review of the order of Tribunal, which is beyond the scope of powers as envisaged u/s. 254(2) of the Act. ITAT dismissed the MA of the revenue holding that “we do not find any mistake, much less any apparent mistake that warrants rectification in the order of Tribunal dated 11.03.2019. The Tribunal in its own wisdom has relied on the decision of the Hon?ble Supreme Court in the case of ACIT Vs. Dhariya Construction Company (supra.) and adjudicated the appeal of the assessee. Therefore, we are of the considered view that the Tribunal has rightly adjudicated the issue by placing reliance on the decision of the Hon'ble Supreme Court as mentioned aforesaid”. - ITO V/s SHRI SHIVRATAN MOTILAL RATHI - [2020] 23 ITCD Online 067 (ITAT-PUNE)
We find that the entire consolidated order of the Tribunal in ITA Nos.730 to 733/PUN/2015 dated 11.03.2019 is based on the decision of the Hon?ble Supreme Court in thecaseof ACIT Vs. Dhariya Construction Company (2010) 328 ITR 515 (SC) and in view of the ratio laid down by the Hon?ble Supreme Court (supra.), the Tribunal vide Para 18 of its order has taken a view that “the Assessing Officer is not entitled to reopen the assessment on the basis of such opinion of the DVO. Accordingly, we hold that the Assessing Officer had no authority to reopen the assessment u/s.147/148 of the Act. Consequently, the assessment order passed u/s.143(3) r.w.s147 of the Act, do not stand.”
Accordingly, Miscellaneous Application filed by Revenue is dismissed being devoid of any merit.
Sec. 254 of Income Tax Act, 1961— Rectification of mistake – Revenue filed a M.A.U/s. 254(2) of the Act, 1961 seeking recalling of its own consolidated order of Tribunal in ITA Nos.730 to 733/PUN/2016 dated 11.03.2019. In the guise of rectification, the Revenue is seeking review of the order of Tribunal, which is beyond the scope of powers as envisaged u/s. 254(2) of the Act. ITAT dismissed the MA of the revenue holding that “we do not find any mistake, much less any apparent mistake that warrants rectification in the order of Tribunal dated 11.03.2019. The Tribunal in its own wisdom has relied on the decision of the Hon?ble Supreme Court in the case of ACIT Vs. Dhariya Construction Company (supra.) and adjudicated the appeal of the assessee. Therefore, we are of the considered view that the Tribunal has rightly adjudicated the issue by placing reliance on the decision of the Hon'ble Supreme Court as mentioned aforesaid”. - ITO V/s SHRI SHIVRATAN MOTILAL RATHI - [2020] 23 ITCD Online 067 (ITAT-PUNE)