9911796707
TMI Blog2013 (12) TMI 474X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee in the present application. By the order of this Tribunal dated 10.10.2012, the appeal of the assessee has been dismissed upholding the action of the CIT(A) in dismissing the appeal of the assessee, on the ground of short-fall in the payment of admitted taxes on the returned income. It is averred in the present application that the total admitted tax payable excluding interest of Rs.94,64,079 was Rs.3,32,00,487 on the basis of income returned at Rs.9,96,77,222. As against this, it was pointed out that an intimation was passed on 19.2.2010 raising total demand of Rs.4,43,58,945, which included interest component of Rs.1,11,58,458. As against demand thus raised of Rs.3,32,00,487, excluding the interest component from the tota ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in fact, assessee was praying for adjournments from time to time, to enable it to make payment of the balance outstanding amount of admitted tax. It is apt to extract, at this juncture, relevant observations of the CIT(A) from concluding part of para-2 of the CIT(A)'s order- ".......It was subtitled that despite such situation, the appellant tried its utmost to arrange for funds and made further payment towards taxes dues of Asst. Year 2008-09 on different dates. It was stated that after making payment of Rs.1,74,40,510 during the period from 01.12.2009 to 22.07.211. The balance self-assessment tax due on the returned income is Rs.1,41,06,370 and the appellant is making all out efforts to clear the same. With these submissions, it was req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in terms of S.249(4) of the Act. That being so, there can be no mistake in the view taken by the Tribunal, in confirming the order of the CIT(A) in dismissing the appeal, on ground of short-fall in the payment of admitted taxes on the returned income. 7. Though the learned counsel for the assessee, during the rectification proceedings before this Tribunal, relied upon certain decisions, we find that those decisions are in the context of the merits of the case, and as such, they have no relevance in these proceedings for rectification under S.254(2), the scope of which is confined to determining the existence or otherwise of any mistake apparent from record in the order of this Tribunal dated 10.10.2012, so as to warrant rectification the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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