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TMI Blog2021 (8) TMI 1090X X X X Extracts X X X X X X X X Extracts X X X X ..... rious judicial precedents on the concept what a mistake apparent from record is. Generally, wherever two views are possible with respect to any issue/question, it is implied that the mistake cannot be said as apparent. In this respect we find support and guidance from the observationt in the case of ACIT-Rajkot vs. Saurashtra Kutch Stock Exchange Ltd. [ 2008 (9) TMI 11 - SUPREME COURT] where the Hon ble Apex Court defined the term apparent mistake in context of section 254(2). This fact has not been disputed. The relevant finding of the ITAT is on para 31.7 to 31.9 of the order. It was also recorded that there is no dispute qua the fact of making the payment by way of issuing the shares which is a valid mode of payment as held by the Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Revenue by way of this miscellaneous application is pleading to recall the order passed by the ITAT in ITA No. 1806/AHD2019 for A.Y. 2015-16 on the reasoning that there is a mistake apparent from record. 2. The Revenue in the miscellaneous application submits that the assessee followed the pooling of interest method in the scheme of amalgamation. Under the pooling of interest method the question of goodwill does not arise. The difference, if any arises between the assets liabilities which were acquired at the book value and consideration paid by the amalgamated company, is adjusted against the reserve. The fact of following the pooling of interest method by the assessee in the scheme of amalgamation was highlighted by the AO in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as under: 13. It was nowhere declared by the assessee in this scheme that it could be following pooling of interest method or purchase method of amalgamation. It was also not specifically pointed out by the assessee that there would be goodwill arising on account of such amalgamation. It was merely mentioned that creation of goodwill was one of the possible alternatives in this scheme. The Hon'ble Court had accepted the scheme with this general provisions. At that stage neither the Hon'ble court conducted any detailed inquiry in to the question of the method which would be followed by the assessee nor was any finding with regard to this fact given by the Hon'ble court. The Assessing Officer also did not have any access to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts by holding that the assessee was eligible for claim of depreciation in spite of the fact that the Hon'ble ITAT has specifically pointed out in para 31.7 that the assessee has followed pooling of interest method and further pointed out in para 23.6 that there is no concept of goodwill in pooling of interest method. 3. Whether in view of the aforesaid facts the order passed by the Hon'ble ITAT is self contradictory and perverse and needs to be set aside. 4. The learned DR in view of the above before us contended that there is a mistake in the order of the ITAT within the meaning of the provisions of section 254(2) of the Act. Thus the order passed by the ITAT should be recalled. 5. On the other hand the learned AR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... patent, manifest and self-evident error, which does not require elaborate discussion of evidence or argument to establish it, can be said to be an error apparent on the face of the record and can be corrected while exercising certiorari jurisdiction. An error cannot be said to be apparent on the face of the record if one has to travel beyond the record to see whether the judgment is correct or not. An error apparent on the face of the record means an error which strikes the eye on merely looking at it and does not need long-drawn-out process of reasoning on points where there may conceivably be two opinions. Such an error should not require any extraneous matter to show its incorrectness. To put it differently, it should be so manifest and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the above, the ITAT in its order has also recorded a finding that the amalgamated company/transferee company has incurred a cost amounting to ₹ 555.75 crores by way of issuing shares for acquiring the net assets of the transferor /amalgamating company. This fact has not been disputed. The relevant finding of the ITAT is on para 31.7 to 31.9 of the order. It was also recorded that there is no dispute qua the fact of making the payment by way of issuing the shares which is a valid mode of payment as held by the Hon ble Delhi High Court in case of CIT vs. Mira Exim Ltd reported in 359 ITR 70. Accordingly, the ITAT after considering all these facts have recognized the goodwill in the books of accounts of the assessee. 6.4 However, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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