2020 (3) TMI 1188

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....e Revenue by this Miscellaneous Application submitted that the Pune Bench of the Tribunal while passing consolidated order dated 11.03.2019 for AY 2004-05, 2008-09, 2009-10 and 2011-12 has remitted back the case to the Assessing Officer for AY 2004-05 and the appeals of the assessee was allowed for remaining AYs.2008-09, 2009-10 and 2011-12. The Ld. DR further submitted that it was held by the Tribunal that the Assessing Officer is not entitled to reopen the assessment on the basis of opinion of the DVO and the Assessing Officer had no authority to reopen the assessment u/s.147/148 of the Act and consequently, the assessment order passed u/s.143(3) r.w.s147 of the Act, do not stand. The Ld. DR further submitted that the case of the assessee....

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....ssing 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." 5. We also find that there are series of decisions by the Hon'ble Supreme Court as well as Hon'ble High Court expounding scope of exercising powers under section 254(2) of the Act. We do not deem it necessary to recite and recapitulate all of them, but suffice to say that core of all these authoritative pronouncements is that power for rectification under section 254(2) of the Act can be exercised only when mistake, which is sought to b....