2016 (3) TMI 1421

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....ant Member For the Revenue : Shri B. Kurmi Naidu, DR. For the Assessee : Shri P. Murali Mohan Rao, AR. ORDER PER B. RAMAKOTAIAH, A.M. : The Revenue preferred this Miscellaneous Application against the order of ITAT in ITA No. 246/Hyd/2015. The submissions made in the application, itself clearly states the facts and conclusions of the ITAT which the Revenue contends as mistakes appar....

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....ers from mistake apparent from the record and, hence, requested that the same may kindly be amended as per the provision of Section 254(2) of I.T.Act. The specific grounds on which the ITAT annulled the assessment order are summarized below: I. There was no direction in the order dt. 27.11.2012 justifying the initiation of proceedings u/s. 147. II. Even if such a finding....

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.... be decided on merits of the assessment. 2. After hearing the Ld. DR and Ld. Counsel, we do not see any merit in application preferred. The moot point in the application is whether the findings in ITA No. 646 and 701/Hyd/2010 in the case of M/s. Madhucon Sino Hydro J.V. by ITAT are 'directions' or 'observations'. Para 12 of the order is as under: "12. In view of our conclusion earlier ....

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....nese constituent has not offered this amount as part of their taxable income in India, the AO may take suitable action for bringing the amount to tax in accordance with provisions of the Act". 3. This finding of ITAT was considered by Assessing Officer as direction of the ITAT and without following the due procedure as prescribed under the law initiated proceedings u/s. 163 and 147 of the IT Ac....