2013 (10) TMI 526 - AT - Income Tax

Review/rectification of Order passed by the Tribunal Held that - Decision of the Hon ble jurisdictional High Court in assessee s own case was not available, at the time of hearing of the appeal - As regards, the decision of the Hon ble Kerala High Court, as mentioned in our order dated 30.12.2011, the same was not available while passing order of the ITAT for A.Y.2001-2002 - In the facts and circumstances of the case, no mistake apparent from the record, and the application filed by the assessee will tantamount to review of our own order, which is outside the scope of section 254(2) of the I.T.Act Decided against the Assessee.

Summary

Issues:
1. Disallowance of Rs. 55.15 Lacs u/s 14A of the Act
2. Addition of Rs. 55.15 lacs to book profits for liability u/s 115JB of the Act

Analysis:

Issue 1: Disallowance of Rs. 55.15 Lacs u/s 14A of the Act:
The assessee filed a Misc. Application challenging the ITAT order partly allowing the appeal and noted errors apparent on the record. The ITAT had set aside the issue to the file of the AO without considering earlier judgments favoring the assessee. The applicant argued that the order suffered from apparent errors, citing relevant judgments that were not referred to in the ITAT's decision. The applicant contended that the ITAT overlooked previous favorable decisions and failed to distinguish them, constituting a mistake in the order. The applicant also disputed the addition of Rs. 55.15 lacs to its 'book profits' for liability u/s 115JB of the Act, which was consequential to the disallowance u/s 14A. The Tribunal confirmed the addition, but the applicant argued that there were inconsistencies in the findings, highlighting errors in the Tribunal's decision-making process.

Issue 2: Addition of Rs. 55.15 lacs to book profits for liability u/s 115JB of the Act:
The learned counsel for the assessee argued that there was a mistake apparent from the record in not following the decision of the ITAT for the assessment year 2001-2002 in the assessee's own case. The counsel contended that the second mistake was dependent on the outcome of the first mistake pointed out. However, the DR argued that the decision of the jurisdictional High Court in the assessee's case was not available at the time of the appeal hearing. The Tribunal dismissed the MA filed by the assessee, stating that there was no mistake apparent from the record and that the application would amount to a review of its own order, which was outside the scope of the IT Act. The addition of Rs. 55.15 lakhs to book profits for liability under section 115JB of the Act was also dismissed, as there was no mistake apparent from the record.

In conclusion, the ITAT dismissed the Misc. Application filed by the assessee, upholding its original decision on the disallowance and addition to book profits. The Tribunal found no mistakes apparent from the record and rejected the arguments presented by the assessee, thereby affirming its earlier order.