9911796707
TMI Blog2013 (1) TMI 647X X X X Extracts X X X X X X X X Extracts X X X X ..... cedent for claiming deduction u/s 10B has not been satisfied. As such, the assessee wants to review the order of the Tribunal in the instant case u/s 254(2) which is not permissible under ITAT Rules - against assessee. - IT APPEAL NO. 414 (HYD.) OF 2012, M.A. NO. 186 (HYD.) OF 2012 - - - Dated:- 31-12-2012 - CHANDRA POOJARI AND SAKTIJIT DEY, JJ. P. Murali Mohan for the Applicant. Smt. Vidisha Karla for the Respondent. ORDER Chandra Poojari, Accountant Member - By this Misc. Application, the assessee seeks rectification of certain findings of the order dated 11-6-2010 of the Tribunal passed in ITA No.414/Hyd/2009 pertaining to the assessment year 2005-06. 2. The learned AR for the assessee submitted that the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opment of the software outside India shall be deemed to be the profits and gains derived from the export of computer software outside India. The learned AR further submitted that the sales are billed from branch just for the sake of convenience regarding quick realization. Therefore, it should be considered as export sales. Alternatively, the amount which is shown as branch sale is only branch adjustment account. As the branch is only a liaison office acting as intermediary between the Indian Principal Company and foreign customer, the branch sales may be considered as head office sales and hence can be considered as export sales. Alternatively, the amount which is shown as branch sale is only branch adjustment account as the branch is only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out of India" has not been defined in the Act. The main and simple meaning of the term "export out of India" would entitle the transfer of goods out of territory of India. The goods must physically move out of India at least in so far as tangible goods are concerned. The learned counsel for the assessee urged before us the concept of "deemed exports" from the import and export policies. We are of the opinion that concept of 'deemed exports' in export policy, cannot be imported into the IT Act unless the said Act specifically says so. According to the learned counsel for the assessee, there is no need for the goods to cross the boundary of India so as to constitute exports out of India, is also not tenable. Section 10B speaks only of expo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under s. 254(2) either allowing the amendment or refusing to amend gets merged with the original order passed. The order as amended or remaining un-amended is the effective order for all practical purposes. An order under s. 254(2) does not have existence de hors the order under s. 254(1). Recalling of the order is not permissible under s. 254(2). Recalling of an order automatically necessitates rehearing and re-adjudication of the entire subject-matter of appeal. The dispute no longer remains restricted to any mistake sought to be rectified. Power to recall an order is prescribed in terms of Rule 24 of the ITAT Rules, 1963, and that too only in case where the assessee shows that it had a reasonable cause for being absent at a time when ..... X X X X Extracts X X X X X X X X Extracts X X X X
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