PRAVIN SHIVAJI PATEL, Pune V. Income Tax Officer, Ward-9(3), Pune, Pune

ITA 240/PUN/2023

AI Insights

The case involves Pravin Shivji Patel, the appellant, contesting an addition of Rs. 8,52,266 made during the assessment year 2012-2013 under section 143(3) of the Income Tax Act, 1961. The addition was initially challenged through a rectification petition under section 154, which was rejected by the NFAC and the lower authorities. The main legal contention was whether the rectification under section 154 was applicable to the circumstances of the case, particularly in addressing a mistake that was not apparent on the face of the record. The Tribunal referenced the Supreme Court's decision in TS Balram, ITO vs. Volkart Bros., which clarified the scope of section 154 rectification proceedings.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 138036 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-04-2023
• Appeal Filed By: Assessee
• Order Result: DismissedDismissed
• Bench Allotted: B
• Next Hearing Date: 05-04-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 27-02-2023
• Other Referred Cases: TS Balram, ITO vs. Volkart Bros. [1971] 82 ITR 50 (SC)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “B” BENCH : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI GD PADMAHSHALI, ACCOUNTANT MEMBER ITA.No.240/PUN./2023 Assessment Year 2012-2013 Pravin Shivji Patel, Flat No.1, Krupa Sagar Apartments, Sector-25, Plot No.466, Nigdi Pradhikaran, Pune – 411 044. Maharashtra. vs., The Income Tax Officer, Ward – 9 (3), Pratyaksha Kar Bhavan, Dr. Ambedkar Marg, Near Akurdi Railway Station Pradhikakaran, Pune. PIN 411 044. Maharashtra (Appellant) (Respondent) For Assessee : Shri Bharat Shah For Revenue : Shri Sardar Singh Meena Date of Hearing : 06.04.2023 Date of Pronouncement : 11.04.2023 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal for assessment year 2012- 2013, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/ 250/2022-23/1049281830(1), dated 31.01.2023, involving proceedings u/s. 154 of the Income Tax Act, 1961 (in short “the Act”). Heard both the parties. Case file perused. 2. It emerges during the course of hearing that both the learned lower authorities have rejected the assessee’s sec.154 rectification petition dated 15.12.2019 seeking to 2 ITA.No.240/PUN./2023 Pravin Shivji Patel, Pune. annul the addition amount of Rs.8,52,266/- made during the course of sec.143(3) assessment dated 30.11.2019. 3. Learned counsel vehemently argued that the assessee has duly made it out a case of mistake apparent on the face of record and, therefore, the foregoing sole addition made in the course of regular assessment deserves to be rectified. We hardly see any merit in assessee’s instant arguments vis-à-vis applicability of sec.154 rectification proceedings in principle. Hon’ble apex court’s landmark decision in TS Balram, ITO vs. Volkart Bros. [1971] 82 ITR 50 (SC) has settled the law long back that sec.154 rectification proceedings are not meant to enter in roving inquiries in the case records. Faced with the situation, we uphold the learned lower authorities identical action rejecting the assessee’s impugned sec.154 rectification with a rider that the taxpayer herein shall be very much at liberty to take recourse to regular appeal proceedings and the corresponding delay would stand condoned as he has been pursuing the instant sec.154 remedy based on an erroneous belief. Ordered accordingly. 4. This assessee’s appeal is dismissed in above terms. Order pronounced in the Open Court on 11.04.2023. Sd/- Sd/- (G.D. PADMAHSHALI) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 11 th April, 2023 VBP/- 3 ITA.No.240/PUN./2023 Pravin Shivji Patel, Pune. Copy of the Order is forwarded to: 1. The Appellant; 2. The Respondent; 3. The CIT(A), Pune. 4. 5. 6. The CCIT, Pune The DR ‘B’, ITAT, Pune Guard File BY ORDER, // True Copy // Senior Private Secretary ITAT : Pune