2015 (1) TMI 1481

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....ri Parneet S. Sachdev. For the Respondent : Shri P.S.R.V.V. Surya Rao. ORDER Per D. Manmohan, Vice President These two appeals by the Revenue are directed against the orders passed by the Commissioner of Income-tax(Appeals) II, Hyderabad referable in respect of the assessment year 2003-04 and 2004-05. Since the issues involved in both the appeals are common, we proceed to dispose of th....

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....der passed u/s. 143(3) r.w.s. 263 dated 13.2.2009 and not the order passed u/s 154 on 26.02.2007. ii. The ld. CIT(A) failed to observe that the order had been passed out of audit objection raised by the Revenue Audit party and the issue is covered by exception laid down in the Board's instruction No.3 of 2011. iii. Any other ground that may be urged at the time foe hearing." 3....

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....iture is allowable or not involves application of mind and any mistake incurred in this connection cannot be considered as mistake apparent from record. Placing reliance upon the decision of the Hon'ble Supreme Court in MEPCO Industries Ltd. V/s. CIT (319 ITR 205), the learned CIT(A) concluded as under- "4.3. In view of the above decision, an issue which needs application of mind, can....

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....ling an appeal even where there was no tax effect, but the issue concerning validity of initiating proceedings under S.154 on the renewed interpretation of law was conspicuously absent in the grounds of appeal. In other words, the order of the learned CIT(A) with regard to the issue concerning validity of proceedings under S.154 for the reason that the Assessing Officer having applied his mind at ....