STATE BANK OF INDIA,MUMBAI V. THE ASSISTANT COMMISSIONER OF INCOME-TAX - 2(2)(1), MUMBAI, MUMBAI

MA 110/MUM/2025

AI Insights

The case involves the State Bank of India (the assessee) filing a miscellaneous application against an order of the Income Tax Appellate Tribunal, which had previously decided on an appeal concerning the assessment year 2021-22. The assessee sought rectification of what it claimed were mistakes in the Tribunal's order, specifically regarding the validity of an order passed under section 154 of the Income Tax Act and the timing of a refund related to an intimation under section 143(1). The Tribunal, after reviewing the submissions and the record, concluded that the issues raised by the assessee were already addressed in the earlier decision and that the Tribunal could not amend its decision as per the statutory provisions.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 772341 (ITAT-MUMBAI)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-08-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Assessment Year: 2011-2012
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BHAGIRAT RAMAWAT
• Assessee Lawyers: KETAN VED
• Keywords: Rectification of order
• Section: 143(3); 154

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “F”, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER AND SHRI ANIKESH BANERJEE, JUDICIAL MEMBER M.A. 110/Mum/2025 (Arising out of ITA No.2189/Mum/2024) (Assessment year: 2011-12) State Bank of India Financial Reporting & Taxation, 3rd Floor, Corporate Centre Madam Cama Road, Nariman Point, Mumbai-400 021 PAN : AACS8577K vs The Assistant Commissioner of Income-tax-2(2)(1), Mumbai Room No.545, Aayakar Bhavan M.K. Road, Mumbai-40-0 020 APPLICANT RESPONDENT Assessee by : Shri Ketan Ved Respondent by : Shri Bhagirat Ramawat – Sr. DR. Date of hearing : 06/06/2025 Date of pronouncement : 25/08/2025 O R D E R Per Anikesh Banerjee (JM): By this miscellaneous application, the assessee seeks rectification of mistakes, stated to be arising out of Tribunal order dated 28/10/2024 for assessment year 2021-22 in ITA No.2189/Mum/2024. Printed from counselvise.com 2 MA 110/Mum/2025 State Bank of India 2. The assessee, in its application submits that the Tribunal, while passing the order dated 28/10/2024 has not decided on the ground regarding validity of the order passed under section 154 of the Act, by the Assessing Officer. According to assessee, this is a mistake apparent from record. Further, the assessee in its application submits that the Tribunal in its order noted that “no refund has been received by the Applicant pursuant to Intimation u/s. 143(1) of the Act since it was received only on 28 March 2013 which is after completion of the assessment u/s. 143(3) of the Act”. 3. The assessee states that these are the mistakes apparent on record and, therefore, requires us to rectify the same. 4. We have heard the parties and perused the material available on record. We find that the Bench, after considering the submissions from both sides, has already taken a conscious decision on the issue, with detailed discussions contained in paragraphs 7 to 11 of the order. The provisions of section 254(2) of Act empower the Tribunal to rectify any mistake apparent from the record. On perusal of the order, we note that the Bench has passed a detailed finding in paragraph 7 with respect to the implication of interest under section 234D of the Act. However, no mistake apparent from the record has been pointed out by the assessee. What, in essence, the assessee seeks is a review of the order of the Tribunal, which is not permissible under the provisions of section 254(2) of the Act. The Ld. DR argued and stood against the submission of the Ld. AR. Printed from counselvise.com 3 MA 110/Mum/2025 State Bank of India In view of the foregoing, we find no merit in the miscellaneous application. Accordingly, the rectification application filed by the assessee stands dismissed. 5. In the result, the miscellaneous application filed by the assessee bearing M.A. No.110/Mum/2025 is dismissed. Order pronounced in the open court on 25th day of August, 2025. Sd/- sd/- (NARENDRA KUMAR BILLAIYA) (ANIKESH BANERJEE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, िदनांक/Dated: 25/08/2025 Pavanan Copy of the Order forwarded to: 1. अपीलाथ /The Appellant , 2. ितवादी/ The Respondent. 3. आयकर आयु\u0014 CIT 4. िवभागीय ितिनिध, आय.अपी.अिध., मुबंई/DR, ITAT, Mumbai 5. गाड फाइल/Guard file. BY ORDER, //True Copy// (Asstt. Registrar), ITAT, Mumbai Printed from counselvise.com "