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2014 (6) TMI 664 - AT - Income TaxWithdrawal of deduction u/s 36(1)(viia) of the Act - Provisions of standard assets – Held that:- The assessee has accepted that the third issue relating to the provisions of doubtful debts for the purpose of allowance of deduction u/s 36(1)(viia) is similar to as decided in assessee’s own case for the previous year – thus, it is very difficult to accept the contention that at the time of hearing, he has not admitted the fact and on the contrary, has argued the issue on merits highlighting the distinguishing features from the earlier year with the order of the AY - There is nothing in the record that on the issue, the Tribunal has overlooked the assessee’s submission. Mistake apparent on record - Whether there is any mistake apparent from record within the ambit of section 254(2) which has crept in the order – Held that:- The issue of allowance of deduction u/s 36(1)(viiia) with regard to the provisions on standard assets was subject matter of revision by the Commissioner u/s 263 not only in the year but also in the earlier year i.e., 2005-06 - the major difference in this year is that, the Commissioner has passed the order after discussing it on merits and has directed the AO to withdraw the deduction u/s 36(1)(viia) in the earlier year - on the material difference itself, the earlier order of the learned Commissioner as well as the Tribunal cannot be held to be mutatis mutandis applicable in this year – thus, the order is recalled for the purpose of withdrawal of deduction u/s 36(1)(viia) in relation to the provisions of standard assets – Decided partly in favour of Assessee.
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