9911796707
TMI Blog2014 (2) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... - MANJULA CHELLUR DR. AND SHAFFIQUE A. M., JJ JUDGMENT Dr. Manjula Chellur C. J.- Heard learned senior counsel appearing for the appellant. We have gone through the order impugned in this appeal. The relevant assessment year before us is 2002-03. Subsequent to the filing of the return of income, a notice under section 148 of the Income-tax Act, 1961 (for short the Act), came to be issued and an order of assessment came to be made under section 143(3) read with section 147 of the Act on January 16, 2006. Subsequently, another order came to be made on May 11, 2006, reducing the quantum of tax payable. Again, in the light of the order of the first appellate authority, the Commissioner of Income-tax (Appeals), the tax payable w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... points have to be taken into consideration to appreciate the stand of the appellant in the present appeal. The first point is, the facts in the present case are totally different from the facts that existed in KCPL's case which was the basis for the rectification order of the Tribunal. Therefore, there was no justification placing reliance on KCPL's case by the Tribunal. The second point was, if at all there was erroneous order on the part of the Tribunal by way of rectification, it could not have been sought to be rectified and, therefore, the procedure adopted in passing the order dated April 29, 2011, is erroneous. Coming to the first point, learned senior counsel arguing for the appellant-assessee took us through a portion of paragr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... became operative with effect from June 1, 2003, as it came to be introduced by the Finance Act, 2003. The Division Bench of this court in the case of KCPL clearly held that the introduction of section 234D provision on interest was not with reference to any particular assessment year and it was introduced in the middle of the assessment year, that is, with effect from June 1, 2003. Therefore, irrespective of the year of assessment, the interest to be levied under section 234D has to be only with effect from June 1, 2003, even if the assessment year referred to was prior to June 1, 2003. In that view of the matter, we are of the opinion, so far as the case of the appellant-assessee, the Tribunal ought to have taken into consideration the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her that any application filed by the assessee in this sub-section on or after the 1st day of October, 1998, shall be accompanied by a fee of fifty rupees." The facts are ; after the Appellate Tribunal rendered its decision on appeal, a miscellaneous application was filed by the assessee under section 254(2) of the Income-tax Act stating that a decision of the jurisdictional High Court was not brought to the notice of the Tribunal. Their Lordships held that such fact also can be taken into the ambit of mistake apparent on the face of record which required rectification. In the present case, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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