The Central Co-operative Bank Ltd., BHILWARA V. DCIT, BHILWARA

MA 1/JODH/2022

AI Insights

The case involves The Central Cooperative Bank Ltd., the appellant, contesting a decision related to the disallowance of a provision made towards arrears of salary for the assessment year 2012-13. Initially, the Tribunal had ruled that the claim was not allowable in A.Y. 2012-13 but could be claimed in the subsequent assessment year 2013-14. The assessee filed a Miscellaneous Application requesting a specific direction to the Assessing Officer to allow the claim in A.Y. 2013-14, which was not explicitly directed in the original order. The Departmental Representative opposed this, stating there was no apparent mistake in the original order that warranted a rectification under section 254(2) of the Income Tax Act.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 122740 (ITAT-JODHPUR)
• Duration Of Justice: 1 year(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-01-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 17-01-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 16-01-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND Dr. S. SEETHALAKSHMI, JUDICIAL MEMBER M.A. No. 1/Jodh/2022 (Arising out of ITA No. 293/Jodh/2016) (ASSESSMENT YEAR- 2012-13 ) The Central Cooperative Bank Ltd. 52, Balaji Market, Near Suchana Kendra, Bhilwara (Ajmer), Raj Vs The DCIT Circle-Bhilwara Bhilwara (Appellant) (Respondent) PAN NO. AAAAT 8126 B Assessee By Shri Sunil Porwal, CA Revenue By Ms. Nidhi Nair, JCIT-DR Date of hearing 18/01/2023 Date of Pronouncement 18 /01/2023 O R D E R PER: B. R. BASKARAN, AM The assessee has filed this Misc. Application against order dated 31-08- 2021 passed by the Tribunal in ITA No. 293/Jodh/2016. 2. The ld. Counsel for the assessee submitted that one of the issues is contested before the Tribunal by the assessee was related to the disallowance of 2 Provision made towards arrears of salary, which had been disallowed by the tax authorities. Inviting our attention to paragraph 14 of the order of the Tribunal, the ld AR submitted that the Tribunal has held that portion of the claim of the assessee is not allowable in the impugned assessment year namely 2012-13, but the assessee shall be eligible to claim the same in the subsequent assessment year 2013-14. 3. The ld. AR submitted that the assessee has moved the petition in accordance with the decision of the Tribunal mentioned above before the AO requesting him to allow the claim for A.Y. 2013-14. However, the AO has taken a view that Tribunal has not specifically directed him to allow the claim in A.Y. 2013-14. The ld. AR submitted that the assessee has moved this Misc. Application requesting the Bench to give specific direction to the AO for allowing the amount in A.Y. 2013-14. Accordingly, the ld. AR prayed that the order passed by the Tribunal may be amended suitably. 4. The ld. DR, on the contrary, submitted that there is no apparent mistake from the record in the order passed by the Tribunal and hence it cannot be rectified u/s 254(2) of the Act. 5. We heard the rival contentions and perused the record. We noticed that the year under consideration before the Tribunal was A.Y. 2012-13. While considering the issue, the Tribunal has expressed the view that claim of the assessee is not allowable in A.Y. 2012-13 but the assessee shall be eligible to 3 claim the same in A.Y. 2013-14. Thus, we noticed that the Tribunal has given clear finding with regard to allowability of the claim. Through this petition the assessee seeks a direction from the Tribunal to the AO for A.Y. 2013-14. It is pertinent to note here that A.Y. 2013-14 was not before the Tribunal and hence the Tribunal is not empowered to specifically direct the AO to allow claim in A.Y. 2013-14. The finding given by the Tribunal is that the assessee is eligible for the deduction in A.Y. 2013-14 and based on this finding, it is for the assessee to move an appropriate petition before the tax authorities and get relief in Ay 2013-14. 6. Accordingly, we are of the view that there is no merit in the Misc. Application filed by the assessee and thus the same is dismissed. 7. In the result, the Misc. Application filed by the assessee is dismissed. Order pronounced in the open Court on 18 /01/2023 Sd/- Sd/- (Dr. S. SEETHALAKSHMI) (B. R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 18 /01/2023 *Mishra Copy to: 1. The Appellant 2. The Respondent 3. The CIT 4. The CIT(A) Asstt. Registrar 5. The DR 6. Guard File Jodhpur Bench