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Issues Involved: Appeal against order of Ld. CIT(A)-XX, Kolkata dated 20.12.2010 for assessment year 2007-08 regarding the rectification under section 154 of the Act for the issue of rebate under section 88E.
The Department's appeal was against the order of Ld. CIT(A) for assessment year 2007-08, where the assessment was initially completed u/s 143(3) on 07.11.2008. The Assessing Officer tried to rectify the calculation and the issue of rebate u/s 88E under section 154 of the Act. The assessee contended that the matter involved a debatable point of law not amounting to a mistake apparent from record. Ld. CIT(A) held that the Assessing Officer's actions were arbitrary and against the law, enhancing the tax and surcharge by disallowing the tax rebate under section 88E. The Department appealed this decision. In considering the appeal, Ld. CIT(A) referred to the decision of the Hon'ble Apex Court in the case of M/s. Mepco Industries Ltd. vs. CIT 2009-TIOL-121-IT-LB dated 19.11.2009. The Departmental Representative sought cancellation of Ld. CIT(A)'s order based on the rectification order, while the assessee's counsel relied on the Hon'ble Supreme Court's decision and decisions of ITAT, "B" Bench, Kolkata, and ITAT, "A" Bench, Kolkata in similar cases. The Tribunal in a similar case held that rectification proceedings under section 154 to recompute the rebate under section 88E by disallowing expenses were debatable and not clear how business expenses could be disallowed through rectification. Ultimately, the Tribunal, following the precedent and rectification relied upon by the assessee's counsel, confirmed Ld. CIT(A)'s order, dismissing the revenue's appeal. The revenue appeal was thus dismissed, and the order was pronounced in court on 14.10.2011.
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