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2015 (6) TMI 1197 - ITAT AHMEDABADRectification u/s 254 - disallowance u/s. 14A r.w.r. 8D - HELD THAT:- Hon’ble Gujarat High Court in Assessee’s own case is A.Y. 2006-07 while deciding the Special Civil Application has held that provisions of Rule 8D are applicable from A.Y. 2008-09 and is not retrospective. Considering the aforesaid fact, we are of the view that there is an apparent mistake in the order of Tribunal and therefore recall the order for a limited purpose to decide the issue with respect to disallowance u/s. 14A of the Act. The Registry is directed to fix the hearing the appeal in due course. Disallowance u/s. 36(1)(iii) - HELD THAT:- It is also well settled/established law that the Tribunal is not bound to discuss each and every argument made at the time of hearing of the appeal and the conclusion arrived by the Tribunal may be an error of judgment but cannot be considered to be an error apparent on record rectifiable u/s. 254(2) of the Act. The powers of the Tribunal u/s 254(2) is very limited and the Tribunal has limited jurisdiction of rectification in its order if an error is crept therein which is apparent from the face of the record. Reappreciation of the evidence placed before the Tribunal during the course of hearing is not permissible to re-adjudicate the issue afresh under the garb of rectification. The power to review is not available to the Tribunal. If we accept this petition, then this may tantamount to review of an order of the Tribunal and the law is settled that we have no such power. Further, we also find support to our aforesaid view by the decision in the case of Perfetti Van Melle India (P) Ltd. vs. CIT [2007 (5) TMI 214 - DELHI HIGH COURT] wherein the Hon'ble High Court has concluded that Assessee cannot be allowed to reopen and reargue the whole matter in the garb of rectification under section 254(2). We are of the view that since the assessee has failed to point out any mistake apparent from record in the order, we are not inclined to recall the order of the Co-ordinate Bench in M.A. with respect to disallowance u/s. 36(1)(iii).
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