2014 (2) TMI 22 - HC - Income Tax

Rectification of mistake - Held that - The Tribunal passed the order without taking into consideration the order of the High Court in which Their Lordships held that such fact also can be taken into the ambit of mistake apparent on the face of record which required rectification - Though the decision of the Division Bench of this court was very much in force as on the date of disposal of the appeal before the Tribunal, it was not brought to the notice of the Tribunal but later on an application came to be filed on October 14, 2010 - decided against assessee.

Summary

Issues:
1. Validity of rectification order by the Appellate Tribunal based on a judgment.
2. Application of interest provisions under section 234D of the Income-tax Act, 1961.

Analysis:

Issue 1: Validity of rectification order by the Appellate Tribunal based on a judgment:
The case involved a dispute regarding the rectification order passed by the Appellate Tribunal based on a judgment of the High Court. The Tribunal initially allowed the appeal filed by the appellant but later recalled its order and dismissed the appeal after a rectification application was filed. The appellant contended that the facts of the present case were different from the case relied upon by the Tribunal for rectification. The appellant argued that the procedure adopted by the Tribunal in passing the rectification order was erroneous. The High Court analyzed the situation and held that the Tribunal was justified in considering the judgment and rectifying its earlier order. The Court referred to the provisions of the Income-tax Act regarding rectification of mistakes and concluded that the Tribunal's decision to recall its order was valid.

Issue 2: Application of interest provisions under section 234D of the Income-tax Act, 1961:
The second issue revolved around the application of interest provisions under section 234D of the Income-tax Act, 1961. The appellant argued that the Tribunal should have considered the operative date of June 1, 2003, for the assessment year 2002-03. The Division Bench of the High Court had previously clarified that the interest under section 234D should be levied from June 1, 2003, irrespective of the assessment year. The Court reiterated that the authorities must proceed with the assessment and levy of interest based on the effective date of June 1, 2003. The appellant's contention regarding the application of interest provisions was dismissed by the Court, emphasizing the correct interpretation and application of the law.

In conclusion, the High Court dismissed the appeal in favor of the Revenue, upholding the validity of the rectification order by the Appellate Tribunal and affirming the correct application of interest provisions under section 234D of the Income-tax Act, 1961.