1987 (11) TMI 38 - HC - Income Tax

Summary

Issues involved:
Assessment of cash credits under the Income-tax Act, 1961 for the assessment years 1975-76, 1976-77, and 1977-78; Rectification under section 254(2) of the Act regarding the genuineness and amount of cash credits added back as income.

Assessment of Cash Credits:
The court upheld the addition of cash credits as income due to failure to establish their genuineness in the name of Manubhai Shah. The Tribunal did not consider the argument that the amount added back was excessive, leading to rectification applications under section 254(2) of the Act.

Rectification under Section 254(2):
The Tribunal allowed the rectification applications, finding that the issue of liability for assessment on entire cash credits or only peak credits was not considered. The court determined that the rectification was not a review but a correction of a mistake apparent from the record, as per section 254(2) of the Act.

Judicial Review:
The court rejected the argument that the rectification order was without jurisdiction, citing the submission of the excessive amount argument during the appeal. The Tribunal's decision to allow rectification was based on the material point not considered, which qualifies as a mistake under section 254(2) of the Act.

Observation by Tribunal:
The Tribunal's observation allowing arguments on other aspects of the matter was deemed justified as it did not reopen settled issues but focused on the peak credit amount and interest. The court found no merit in the writ petition and dismissed it, ordering the refund of the outstanding security amount to the petitioner.