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2014 (2) TMI 1262 - AT - Income TaxApplicability of sec.115JB on assessee bank - Held that - Admittedly the assessee has not challenged this issue in an earlier occasion before the Tribunal and stated that the assessee did not want to press the ground. After hearing both the parties the Tribunal dismissed the ground raised by the assessee as not pressed. It means that the Tribunal adjudicated the ground and thereafter the AO passed impugned consequential order which is in consonance with the order of the Tribunal. Now the assessee s counsel wanted to re-argue the case which is not permissible as unless and until the earlier order of the Tribunal dated 19th March 2010 is disturbed by any process of law. Therefore the assessee is not at all at liberty to challenge the finding of the Tribunal in the second round of litigation by way of rearguing the issue which has already been adjudicated by the Tribunal in an earlier occasion. It is a settled law that the Tribunal has no power to review its own order and therefore if the assessee wants to agitate the issue which has already been decided by the Tribunal the Tribunal has no power and remedy lies elsewhere. The case law relied upon by the AR in the case of Indian Oil Corporation Ltd. (1986 (8) TMI 57 - SUPREME Court) is nothing to do with the present case as it was delivered on different set of facts. - Decided against assessee.
Issues:
- Applicability of section 115JB of the Income Tax Act to the appellant. - Jurisdiction of the Assessing Officer in levying tax under section 115JB. - Compliance with appellate orders in passing the consequential order. - Whether the provisions of section 115JB are applicable to the appellant bank. - Challenge to the order of the CIT(A) regarding the applicability of section 115JB. Analysis: 1. Applicability of Section 115JB: The appeal was against the order of CIT(A) regarding the applicability of section 115JB to the appellant for the assessment year 2005-06. The Assessing Officer had initially held the assessee liable under section 115JB but did not invoke it due to higher total income under regular provisions. CIT(A) upheld the applicability of section 115JB to the appellant based on the assessment order and directed the AO to compute the tax payable under this section. The Tribunal in an earlier order had dismissed the appellant's grounds related to section 115JB, and the CIT(A) in the subsequent consequential order applied section 115JB due to lower regular provisions income. 2. Jurisdiction and Compliance: The appellant contended that the Assessing Officer acted beyond jurisdiction in levying tax under section 115JB while passing the consequential order. However, the CIT(A) clarified that the grievances against the assessment order could no longer be raised at that stage. The Tribunal also noted that the appellant had chosen not to press the issue before them previously, thus preventing a fresh challenge at a later stage. The CIT(A) emphasized that the appeal was against the consequential order and not the original assessment order. 3. Provisions Applicability to Bank: The appellant argued that section 115JB should not apply to the bank as it was not required to hold an Annual General Meeting or adopt its accounts as mandated under the provision. The Tribunal referred to precedents and the Finance Act 2012, stating that prior to AY 2013-14, section 115JB would not apply to companies to which a specific provision of the Companies Act applied. The Tribunal upheld the claim that section 115JB was not applicable to the appellant bank. 4. Challenge to CIT(A) Order: The appellant challenged the CIT(A) order regarding the applicability of section 115JB. The Tribunal, after considering arguments from both sides, concluded that the appellant's plea was misconceived as the issue had already been adjudicated by the Tribunal in an earlier occasion. The Tribunal reiterated that it had no power to review its own order and dismissed the appeal, upholding the CIT(A)'s decision. In conclusion, the Tribunal dismissed the appeal of the assessee against the order of the CIT(A) regarding the applicability of section 115JB, emphasizing that the issue had been previously adjudicated and could not be re-argued at a later stage. The decision was based on legal precedents and the specific circumstances of the case, affirming the application of section 115JB to the appellant bank.
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