2012 (11) TMI 93 - AT - Income Tax

Rectification of mistake Held that - Revenue is trying to get the order reviewed which power is not vested with the Tribunal and only clerical/arithmetical mistakes which are apparent from record can only be rectified by the Tribunal - u/s 254(2) of the Act, the Tribunal has jurisdiction only to rectify mistakes apparent from record but it cannot go into merits of the appeal again - applications of the Revenue are dismissed.

Issues Involved:
1. Rectification of Mistake in Tribunal's Order
2. Treatment of Development Fund as Revenue Income
3. Exemption under Section 11 and 12A of the Income Tax Act
4. Disallowance of Expenses and Personal Benefits to Trustees
5. Jurisdiction of Tribunal under Section 254(2)

Detailed Analysis:

1. Rectification of Mistake in Tribunal's Order:
The Revenue filed miscellaneous applications to rectify an alleged mistake in the Tribunal's order dated 24th May 2011. The Revenue argued that the assessee did not add Rs. 1.38 crores received towards the "development fund" to its income and failed to prove it was a donation specifically given with direction to form part of the corpus. The Revenue claimed this should be added under Section 11(1) and taxed since it was not utilized towards any object of the trust and exceeded the permitted accumulation.

2. Treatment of Development Fund as Revenue Income:
The Tribunal examined the Revenue's assertion and found that the CIT(A) had already considered the issue. The CIT(A) observed that the entire income of the assessee trust was exempt under Section 11, and thus, the treatment of the development fund as revenue would not affect the trust's tax liability. The Tribunal agreed with the CIT(A)'s findings and did not find any infirmity in the order.

3. Exemption under Section 11 and 12A of the Income Tax Act:
The Tribunal reviewed the CIT(A)'s decision to grant exemption under Section 11 and 12A for the assessment years 2002-03 to 2005-06. The CIT(A) had allowed the exemption based on the trust's registration with the Registrar of Public Trusts and the Chief CIT's issuance of a fresh certificate under Section 12A, effective from the trust's inception date. The Tribunal upheld the CIT(A)'s findings, noting that the trust's income was exempt from tax due to the registration and compliance with Sections 11 to 13 of the Income Tax Act.

4. Disallowance of Expenses and Personal Benefits to Trustees:
The Tribunal addressed the Revenue's concerns regarding disallowance of expenses for lab equipment, consumables, and alleged personal expenses of trustees. The CIT(A) had examined the facts and found no personal benefit was given to the trustees. The CIT(A) also noted that the trust's expenses were duly recorded and vouched for. The Tribunal found no reason to interfere with the CIT(A)'s detailed findings and upheld the deletion of disallowances.

5. Jurisdiction of Tribunal under Section 254(2):
The Tribunal concluded that there was no apparent mistake in its previous order that warranted rectification under Section 254(2) of the Income Tax Act. The Tribunal emphasized that it had no inherent powers of review and could only rectify clerical, grammatical, or arithmetical mistakes apparent from the record. The Tribunal cited various judicial pronouncements supporting this view and dismissed the Revenue's miscellaneous applications, stating that the applications were an attempt to review the order, which was beyond the Tribunal's jurisdiction.

Conclusion:
The Tribunal dismissed the Revenue's miscellaneous applications, finding no merit in the claims and no apparent mistake in the original order. The Tribunal upheld the CIT(A)'s findings regarding the exemption under Sections 11 and 12A, the treatment of the development fund, and the disallowance of expenses, confirming that the trust's income was exempt from tax and that no personal benefits were given to the trustees. The Tribunal reiterated its limited jurisdiction under Section 254(2) to rectify only apparent mistakes.

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