TaxTMI 
TaxTMI 
2023 (10) TMI 555
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....l raised by the assessee are as under: "1. 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, ar....
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....at it had only purchased 513.298 MT of scrap from market, and it had 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 ....
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....ging that the same is unreasonable and unwarranted and should be deleted. The 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 a....
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....le calculating and issuing the demand notice to the assessee. The issue pertaining 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....
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....e which is not emerged from the impugned order which was challenged before the CIT(Appeals), can be taken up in an appeal by ITAT, our answer to this question is in negative. Accordingly, the grounds of appeal of the assessee, which are not emerging from order u/s 154 which is the foundation of the disputes raised under appeal before the Ld CIT(A), is liable to be treated as infructuous / non-maintainable. In substance, the order of Ld CIT(A) challenged by the assessee was found reasonable, just, and proper. 9. In such circumstances, we do not find any infirmity in the view taken by the Ld. CIT(Appeals), thus, the same stands upheld. 10. In the result, appeal of the assessee is dismissed in terms of our aforesaid observations. Orde....
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.... In this case the assessment u/s 263 of the income tax Act, has been made on 30/09/2016 and total income is assessed at Rs. 1,13,08,240/- against income as per order u/s 143(3) Rs. 12,672/-. Accordingly the demand of Rs. 69,11,610/- has been raised and notice of demand has also been issued to the assessee 30/09/2016. Subsequently the assessee has filed on application u/s 154 of the income tax Act on 21/10/2016 , requsesting therein to set off the addition against current year loss and unabsorbed depreciation. The claim of the assessee has been verified and it is found that the assessment year the set off addition against the curren Year loss and unabsorbed depreciation, was not given. Si....