Kailash Narayan Renuse, Pune V. Income-tax Officer, Ward - 5 (1), Pune

MA 64/PUN/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4383 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 11 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-05-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 10-06-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Rectification of order
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER M.A. No. 64/PUN/2021 ( Arising out of ITA No. 251/PUN/2020 ) Assessment Year : 2014-15 Mr. Kailash Narayan Renuse S.No. 661/4 Uppar Bus Stop Bibwewadi, Pune-411 037 PAN ; ALOPRO531J Applicant V/s. The I.T.O. Ward 5(1) Pune. Respondent Applicant by : Shri Hari Krishan Respondent by : Shri S.P. Walimbe Date of Hearing : 06-05-2022 Date of Pronouncement : 11-05-2022 ORDER PER PARTHA SARATHI CHAUDHURY, JM: This Miscellaneous Application has been preferred by the assessee u/s.254(2) of the Income Tax Act, 1961 (hereinafter referred to as „the Act‟) with a prayer to recall the order of Tribunal in ITA No. 251/PUN/2020 for the assessment year 2014-15 dated 03-06-2020. 2. We have heard the rival contentions and perused the order of the Tribunal dated 03-06-2020. There are series of decisions by the Hon'ble Supreme Court as well as Hon'ble High Court expounding scope of exercising powers under section 254(2) of the Act. We do not deem it necessary to recite and recapitulate all of them, but suffice to say that core of all these authoritative pronouncements is that power for rectification under section 254(2) of the Act can be exercised only when mistake, which is sought to be rectified, is an 2 MA No.09 /PUN/2022 Prima Pvt. Ltd. A.Y. 2013-14 obvious and patent mistake, which is apparent from the record and not a mistake, which is required to be established by arguments and long drawn process of reasoning on points, on which there may conceivably be two opinions. For fortifying this view, we make reference to the decision of the Hon'ble jurisdictional High Court in the case of ACIT Vs. Saurashtra Kutch Stock Exchange Ld., 262 ITR 146 which has been upheld by the Hon'ble Supreme Court reported in 305 ITR 227. 3. The Hon'ble Jurisdictional High Court in the case of CIT Vs. Ramesh Electric & Trading Company reported as 203 ITR 497 has held that the scope of section 254(2) is limited to rectification of mistake apparent from record itself and not rectification in error of judgment. The relevant observations of the Hon'ble High Court are as under: “The Tribunal cannot, in exercise of its power of rectification, look into some other circumstances which would support or not support its conclusion so arrived at. The mistake which the Tribunal is entitled to correct is not an error of judgment but a mistake which is apparent from the record itself.” 4. We are of considered view that in the guise of rectification, the assessee is seeking review of the order of Tribunal, which is beyond the scope of powers as envisaged u/s. 254(2) of the Act. 5. In view of the above and as per the Miscellaneous Application filed before us, we do not find any mistake, much less any apparent mistake that warrants rectification in the order of Tribunal dated 03-06-2020. The Tribunal in its own wisdom had adjudicated the appeal of the assessee on merits. Therefore, we are of the considered view that the Tribunal has rightly adjudicated the issue after considering all the documents placed on record. Accordingly, Miscellaneous Application filed by assessee is dismissed being devoid of any merit. 3 MA No.09 /PUN/2022 Prima Pvt. Ltd. A.Y. 2013-14 6. In the result, Miscellaneous Application filed by assessee is dismissed. Order pronounced on 11 th day of May 2022 Sd/- sd/- INTURI RAMA RAO PARTHA SARATHI CHAUDHURY ACCOUNTANT MEMBER JUDICIAL MEMBER Pune; Dated : 11 th day of May 2022 Ankam Copy of the Order forwarded t 1. The Appellant. 2. The Respondent. 3. The CIT(Appeals)-10, Pune. 4. The Pr. CIT-3, Pune. 5. DR, ITAT, “A” Bench, Pune. 6. Guard File. BY ORDER, Senior Private Secretary ITAT, Pune. 4 MA No.09 /PUN/2022 Prima Pvt. Ltd. A.Y. 2013-14 Date 1 Draft dictated on 06-05-2022 Sr.PS/PS 2 Draft placed before author 09-05-2022 Sr.PS/PS 3 Draft proposed and placed before the second Member JM/AM 4 Draft discussed/approved by second Member AM/JM 5 Approved draft comes to the Sr. PS/PS Sr.PS/PS 6 Kept for pronouncement on 11-05-2022 Sr.PS/PS 7 Date of uploading of order 11-05-2022 Sr.PS/PS 8 File sent to Bench Clerk 11-05-2022 Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order