2014 (10) TMI 831

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....Meena, Accountant Member This appeal filed by the Revenue emanates from the order of the CIT (Appeals)-XXIX, New Delhi dated 18.07.2012 for the Assessment Year 2003-04. The grounds of appeal taken by the revenue are as under:- "1. Whether on the facts and circumstances of the case, the CTT(A) has erred in quashing order u/s 154, wherein the AO had added dividend income of Rs. 94,56,169/-to be tax....

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....ing years. The income was offered to tax as per rates specified in DTAA between India and Japan. The return was processed u/s 143(1) of the Act including dividend income of Rs. 94,56,169/- and which was offered to tax to be taxable @ 15% as per Article 10(2) of the DTAA, Assessee has taken into account this income in the computation of income and the due tax was duly paid. The companies from whom ....

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....have not been brought out in the assessment order u/s 143(3) and by invoking the provisions of section 154, new facts cannot be investigated in guise of rectification and it was held that no material was available u/s 143(3). Therefore, there are no mistakes which are obvious and patent from the record which can be rectified u/s 154 of the Act. Ld. AR pleaded to sustain the quashing of order u/s 1....