2022 (8) TMI 1518 - AT - Income Tax

Rectification of mistake - Allowability of transportation loss in respect of coal - assessee contended that the Tribunal 2020 (12) TMI 488 - ITAT CUTTACK wrongly disallowed the transportation loss in respect of coal, arguing that the loss was only 0.498% and permissible by 1% as per a Government of India Circular.- HELD THAT - We have considered rival submissions. A perusal of the miscellaneous application filed by the assessee shows that in para 16(a) the assessee is asking for the conclusion drawn by the Tribunal be treated as a mistake apparent from the record. The Tribunal has taken a decision on the basis of the facts as before it. Just because additional facts could not be placed before the Tribunal, it would not render the order of the Tribunal to suffer from mistake apparent from the record. This being so, as no specific error in the order of the Tribunal has been pointed out, which is apparent from the record, the miscellaneous application filed by the assessee stands dismissed.

Summary

Issues involved:
The issue involves a miscellaneous application filed by the assessee against the consolidated order of the Tribunal passed in ITA No. 331/CTK/2017, dated 28.10.2020.

Transportation Loss Claim:
The assessee contended that the Tribunal wrongly disallowed the transportation loss in respect of coal, arguing that the loss was only 0.498% and permissible by 1% as per a Government of India Circular. The assessee requested the order to be recalled and the issue to be readjudicated.

Arguments and Decision:
The ld. Sr. DR supported the Tribunal's order, stating that no specific error had been pointed out in the Tribunal's decision. The Tribunal, upon considering the submissions, found that the conclusion drawn by the Tribunal was not a mistake apparent from the record. As no specific error was identified in the Tribunal's order, the miscellaneous application filed by the assessee was dismissed.

Conclusion:
The Tribunal dismissed the miscellaneous application filed by the assessee regarding the transportation loss claim, as no mistake apparent from the record was found in the Tribunal's decision.