TaxTMI 
TaxTMI 
2023 (10) TMI 555
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..... Ld. CIT (Appeals) has erred in confirming addition of Rs. 1,13,20,940/- made by AO, on account of alleged suppression of production of 467.32MT. Ld. CIT(A) erred in upholding the action of AO in rejecting rectification application filed by the appellant. 2. The impugned addition made by the Ld. A.O. is bad in law, illegal, unjustified, contrary to facts & law and based upon recording of incorrect facts and finding, in violation of principles of natural justice and the same should have been quashed by the Ld. CIT (Appeals). 3. The appellant reserves the right to amend, modify or add any of the ground/s of appeal." 2. Brief facts in this case, culled out from records, are that the assessee is a company engaged in the business of manufa....
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.... also produced excise records. In same line reject ingot of 1.65 MT was showing in raw material column as in ward and outward was also showing. Assessee alleged that despite the above fact learned A.O. has calculated the yield of above raw material 631. 65 and added the same to the total income of the assessee. 3. Aggrieved the assessee had filed an application u/s. 154 of the Act to rectify both the mistake i.e., addition made by learned AO order dated- 30-09-2016 and original order dated 30/03/2014 and the same was partly considered by the A.O. 4. Aggrieved by the assessment order, the assessee preferred an appeal before CIT(Appeals) who dismissed the appeal of the assessee. 5. The assessee being aggrieved with the order of the CIT(App....
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....e CIT(Appeals) this issue had decided that since the appeal of the assessee is barred by limitation having been related the assessment order dated 30.09.2016 which was under appeal and as such, grounds of appeal is not bonafide. It was the contention the assessee that such addition made please be decided on merits by the Tribunal being last fact-finding authority. 7. The Ld. Sr. DR in response to the contention advanced by the Ld. AR has relied on the orders of the CIT(Appeals) and submitted a letter dated 26.09.2019 pertaining to the facts of the case. It was submitted by the Ld. Sr. DR that the assessee's request for rectification of mistake u/s. 154 was duly accepted by the department and demand was revised to Nil, therefore, there was ....
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....ng to the addition of Rs. 1,13,20,940/- in the present appeal which was raised and assailed before the Ld CIT(A) but was not dealt with observing that the issue is barred by limitation having been related to assessment order dated 30.09.2016 passed u/s 143(3) r.w.s. 263, which was not appealed against and as such the ground was held as not bonafide. The finding of Ld CIT(A) that the issue does not emerged from the order under section 154 which was challenged before him on the contrary the same belongs to an order which is already barred by limitation for filing an appeal before Ld CIT(A), rather, no appeal against the said order was filed by the assessee, was on correct footing, thus, the issue raised before us regarding addition of Rs. 1,1....