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Income Tax Appellate Tribunal, Hyderabad ‘ B ‘ Bench, Hyderabad
Before: Shri S.S. Godara & Shri Laxmi Prasad Sahu
This assessee’s appeal for the A.Y 2009-10 arises against the order of the CIT (A)-12, Hyderabad, dated 25.11.2020 passed in case No.10159/2019-20 in proceedings u/s 154 of the I.T. Act.
Heard both the parties and case file perused
With the able assistance coming from both the parties, we notice at the outset that the Assessing Officer had invoked his section 154 rectification jurisdiction for reiterating LTCG addition of Rs.15,66,394/-. The Revenue’s case as per the facts on record is that the Assessing Officer had made the same in 143(3) assessment framed on 31.10.2014; which in turn, was upheld in the CIT (A)’s order dated 10.12.2014 followed by the consequential “giving effect” order in issue dated 22.3.2016 committing an apparent mistake by not adding the foregoing sum. It is vehemently contended from the departmental side that the Assessing Officer had omitted to make the impugned addition despite the fact of the same having been upheld for the CIT (A)’s lower appellate order.