9911796707
TMI Blog2016 (7) TMI 673X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Tribunal in I.T.A.No.1364/H/2013 for the assessment year 2005-06. The Assessing Officer, while assessing the appellant under the Act, held that the provisions of Section 115JB of the Act were applicable. However, as the ultimate tax liability under the normal provisions was more than the tax payable under Section 115JB of the Act, the Assessing Officer completed assessment as per the normal provisions. Aggrieved thereby, the appellant herein preferred an appeal to the Commissioner of Income Tax (Appeals) raising several contentions, one among which related to the applicability of Section 115JB of the Act to their case. The Commissioner of Income Tax (Appeals), while disposing of the appeal filed by the assessee, did not accept the su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of the Commissioner of Income Tax (Appeals) in this regard attained finality. Pursuant to the aforesaid order passed by the Tribunal, the Assessing Authority passed a consequential order giving effect to the directions in I.T.A.No.681/Hyd/08 dated 19.03.2010. While computing the tax liability, in the consequential proceedings, the Assessing Officer found the tax payable under Section 115JB of the Act to be more than the tax payable under the normal provisions and, accordingly, demanded payment of the tax computed as per Section 115JB of the Act. The assessee again preferred an appeal, against the order of the Assessing Authority, to the Commissioner of Income Tax (Appeals) who, in her order dated 21.08.2013, observed that the griev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee was not at liberty to challenge the finding of the Tribunal in the second round of litigation by rearguing the issue, which had already been adjudicated by the Tribunal on an earlier occasion; the Tribunal has no power to review its own order; and, therefore, if the assessee wanted to agitate the issue, which had already been decided by the Tribunal, the Tribunal had no power, and the remedy lay elsewhere. Thereafter, the appellant herein filed M.A.No.126/Hyd/2014 seeking rectification of the order passed in I.T.A.No.1364/H/2013 dated 05.02.2014. In the order under appeal, the Tribunal held that the appellant could not revive the issue, relating to the applicability of Section 115JB of the Act to the assessee, which had attained fina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udication of the question regarding applicability of Section 115JB of the Income Tax Act; they obtained approval of the Committee of Disputes only in the year 2011, after the Tribunal had passed the order in I.T.ANo.681 of 2008 dated 19.03.2010; the Supreme Court, i n Oil and Natural Gas Commission vs. Collector of Central Excise, had specifically held that no appeal could be preferred without the consent of the Committee of Disputes; it is in such circumstances that the appellant could not press for an adjudication on the applicability of Section 115JB of the Act; and since approval of the Committee of Disputes was obtained subsequently in the year 2011, an application was made seeking rectification of the order passed by the Tribunal in I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order passed in I.T.A.No.681 of 2008 dated 19.03.2010. The Tribunal, in its order in I.T.A.No.1364/H/2013 dated 05.02.2014, has rightly held that the earlier order of the Commissioner of Income Tax (Appeals) and the order of the Tribunal in I.T.A.No.681 of 2008 dated 19.03.2010 had attained finality, and such an issue cannot be reopened. The order of the Tribunal, in I.T.A.No.1364/H/2013 dated 05.02.2014, does not suffer from any mistake necessitating its rectification under Section 254(2) of the Act. The impugned order under appeal does not suffer from any error, much less does it give raise to a substantial question of law, necessitating interference under Section 260-A of the Act. The appeal fails and is, accordingly, dismissed. Miscell ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
