TaxTMI 
TaxTMI 
2015 (8) TMI 1478
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....g from the impugned separate orders of even date 18th March 2013, passed by the learned Commissioner (Appeals)-II, Nagpur, for the assessment year 2009-10 and the appeals preferred by the two different assessees being ITA no.273/ Nag./2014 and ITA no.274/Nag./2014, are emanating from the impugned separate orders of even date 18th March 2013, passed by the learned Commissioner-II, Nagpur, for the assessment year 2009- 10, respectively. 2. Since all these appeals pertain to the same assessees involving common issue arising out of identical set of facts and circumstances, therefore, as a matter of convenience, these appeals were heard together and are being disposed off by way of this consolidated order. Revenue's appeals:- The facts of ....
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.... Assessing Officer proceeded to make the addition on the basis of price gathered on "local enquiry". Accordingly, he added the difference between the sale price reflected by the assessee and that obtained by the Assessing Officer on local enquiry. 4. Upon the assessee's appeal, the learned CIT(A) noted that the assessee has entered into the transaction of sale. The Assessing Officer has doubted the value adopted by the stamp valuing authority. He has substituted this value by the value obtained by the Assessing Officer's local enquiry. The learned CIT(A) noted that the Assessing Officer has not at all specified the source of enquiry and the type of evidence which was quoted by him. Thus, the learned CIT(A) found that without making any co....
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....e DVO during the cross of assessment, but without waiting for the DVO's report, the Assessing Officer has substituted the values as per the registered sale deed on the basis of value obtained from his so called enquiry. The basis of this co called enquiry was not at all brought on record. This order of the Assessing Officer when challenged before the learned CIT was set aside by the learned CIT(A) on the basis that no addition can be made on the basis of so called local enquiry without any cogent basis. Now in appeal before the Tribunal, the Revenue has pleaded that the learned CIT(A) is not justified inasmuch as the DVO's report received after four days after the receipt of learned CIT(A)'s values the transaction at a high cost. In this re....
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....fficer moved an application under section 154 to the learned CIT(A). The learned CIT(A) fixed hearing and sought comments of the assessee. Ultimately, the learned CIT(A) dismissed the application under section 154. The learned CIT(A) thereafter held as under:- "06. As the suppression of sale in the return of income could not be corrected by passing order under section 54, only remedy left in the matter was action under section 263 in view of decision of Hon'ble ITAT, Mumbai, in the case of Abdulla Haji Gulam Rasool, [Tax Sutra 585-ITAT-2013-Mum.]. In this case Hon'ble ITAT held that when case was referred to valuer and the report is not received upto the completion of assessment order then rectification of order cannot be done under sect....
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....d. In the order, the learned CIT(A) rejected that application for rectification under section 154. Under these circumstances, the order of the learned CIT(A) has merged with the order and application by the Assessing Officer. Section 263 provides the power to the Commissioner to exercise his jurisdiction under section 263, on the orders of the Assessing Officer and not where the order of the Assessing Officer has merged with the order of the learned CIT(A). The learned CIT, in his wisdom has rejected the Assessing Officer's application under section 154. No appeal against the rejection has been preferred by the Revenue. Now, the Revenue has sought to revise the Assessing Officer's order under section 263, which has already merged with the o....