2015 (12) TMI 135 - AT - Income Tax

Rectification of mistake - deduction on the profit earned out of job work charges u/s 80IB not allowable - Held that - On going through the facts on record, it is an admitted fact that the claim of assessee u/s 80IB was allowed by the revenue authorities from AY 1998-99, which was the first AY in which assessee made its claim u/s 80IB. The benefit, of deduction available for a specified number of years on satisfaction of the conditions laid down as per the respective provisions of the Act once considered and allowed cannot be withdrawn subsequently and that too by recourse to the proceedings U/s.154 of the I.T. Act, 1961 when there was no change either in facts and/or in law. The Hon ble Supreme Court in case of ITO Vs. Volkart Brothers 1971 (8) TMI 3 - SUPREME Court gave a categorical finding that A mistake apparent on the record must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may be conceivably two opinions. A decision on a debatable point of law is not a mistake apparent from the record. In view of the settled position of law, we do not find any infirmity in the orders of CIT(A) in the AYs under consideration and accordingly the same are hereby upheld dismissing the grounds raised by revenue in all the appeals under consideration. - Decided in favour of assessee.

Summary

Issues:
- Appeal against separate orders of CIT(A) for AYs 2003-04, 2004-05, and 2005-06
- Allowability of deduction u/s 80IB on job work charges
- Validity of invoking sec.154 for disallowance
- Interpretation of "mistake apparent from the record"
- Compliance with legal provisions in disallowing deduction

Analysis:

1. Allowability of Deduction u/s 80IB on Job Work Charges:
- The AO disallowed the deduction u/s 80IB claimed by the assessee on job work charges, stating it was allowed inadvertently in the assessment order. The AR contended that the eligibility for this deduction was a debatable point of law, not a mistake apparent from the record.
- The CIT(A) agreed with the AR, noting that the issue of job work charges for deduction u/s 80IB was disputed and legally interpreted by various courts, making it a debatable point of law. Hence, the CIT(A) set aside the disallowance, allowing the appeal of the assessee for AYs 2003-04, 2004-05, and 2005-06.

2. Validity of Invoking Sec.154 for Disallowance:
- The AO issued a notice u/s 154 to disallow the claim u/s 80IB on job work charges, considering it a mistake apparent from the record. However, the AR argued that this disallowance did not fall within the scope of sec.154 as it was a debatable legal issue, not an obvious mistake.
- The CIT(A) concurred with the AR's position, stating that the recourse to sec.154 for disallowance was not justified and contrary to the section's provisions. The CIT(A) held that the disallowance could not be made under sec.154, ultimately allowing the appeals of the assessee.

3. Interpretation of "Mistake Apparent from the Record":
- The AR emphasized that a mistake apparent from the record must be obvious and patent, not a debatable legal point. Citing the Supreme Court's decision in ITO Vs. Volkart Brothers [1971], the AR argued that decisions on debatable legal points do not constitute mistakes apparent from the record.
- The Tribunal upheld the AR's argument, stating that the claim allowed by the revenue authorities in previous years could not be withdrawn without a change in facts or law. Relying on legal precedents, the Tribunal dismissed the revenue's grounds, affirming the orders of the CIT(A) for all the AYs under consideration.

4. Compliance with Legal Provisions in Disallowing Deduction:
- The Tribunal concluded that the revenue's disallowance of the deduction u/s 80IB on job work charges was not in line with the legal requirements. The Tribunal upheld the CIT(A)'s decision to set aside the disallowance, emphasizing that the deduction could not be withdrawn without a clear mistake apparent from the record.
- By dismissing the revenue's appeals, the Tribunal affirmed that the deduction claimed by the assessee on job work charges was allowable, as it was not a mistake apparent from the record and fell within the realm of debatable legal interpretation.

In summary, the Tribunal upheld the CIT(A)'s decision to allow the deduction u/s 80IB on job work charges for the AYs 2003-04, 2004-05, and 2005-06, rejecting the revenue's appeal based on the absence of a clear mistake apparent from the record and the debatable nature of the legal issue surrounding the deduction.