2016 (9) TMI 1246 - AT - Income Tax

Rectification of mistakes apparent from record in the Statement of case - Held that - We notice that the amendment in sec. 214 of the Act has been brought by Direct Tax Laws (Amendment) Act 1984 only and hence the mistake pointed out by the assessee needs to be rectified. Accordingly the words Direct Tax Laws (Amendment) Act, 1987 , where ever it occurs shall be replaced by the words Direct Tax Laws (Amendment) Act, 1984. The assessee has also sought rectification of the order by substituting the new name of the assessee in the order, i.e., the order passed by the Tribunal in the name of Tata Press Limited , which has since been changed into Infomedia Press Limited . The Ld A.R furnished copies of Certificate of Incorporation to show the change of name. We notice that the name of the company has been changed several times subsequent to passing of the order by the Tribunal and we notice that the order has been passed in the name, in which the petition was filed. Hence, in our considered view, the prayer of the assessee may Infomedia Press Ltd.not constitute mistake apparent from record warranting rectification of order. Accordingly we reject this plea of the assessee. - Decided partly in favour of assessee

Summary

Issues involved:
Rectification of mistakes apparent from the record in the "Statement of case" referred to the High Court, correction of the amendment year in the order, substitution of the new name of the assessee in the order.

Analysis:
1. The assessee filed a miscellaneous application seeking rectification of mistakes in the "Statement of case" referred to the High Court. The issue arose due to an error in mentioning the year of the amendment in the order passed by the Tribunal. The amendment regarding interest u/s 214 was made by the Direct Tax Laws (Amendment) Act, 1984, but it was incorrectly stated as 1987 in the order. The Tribunal acknowledged the mistake and corrected it by replacing all instances of "Direct Tax Laws (Amendment) Act, 1987" with "Direct Tax Laws (Amendment) Act, 1984."

2. The Tribunal modified paragraph 4 of the order to reflect the correct amendment year and questions to be referred. The questions included whether the Tribunal was justified in upholding the order passed under section 263 and whether the amendment inserting sub-section (1A) in section 214 by the Direct Tax Laws (Amendment) Act, 1984, providing for interest grant, was applicable to the case. The rectification was necessary to ensure accuracy in the legal references and implications.

3. Additionally, the assessee requested a change in the name of the company from "Tata Press Limited" to "Infomedia Press Limited" in the order. The company had undergone name changes after the order was passed, and the assessee provided the Certificate of Incorporation to support the name change. However, the Tribunal noted that the order was passed in the name in which the petition was filed, and the subsequent name changes did not constitute a mistake apparent from the record. Therefore, the plea to substitute the new name was rejected.

4. Ultimately, the Tribunal partly allowed the miscellaneous application filed by the assessee, correcting the error in the amendment year while rejecting the plea to substitute the new name of the assessee in the order. The order was pronounced in court on 23.9.2016, ensuring clarity and accuracy in the legal proceedings and references.