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2016 (6) TMI 1455 - AT - Income TaxRectification of mistake - deduction on account of additional contribution - applicability of limitations placed under Rule 87 to the payment of additional contribution - HELD THAT:- As rightly pointed out by the assessee in the present Miscellaneous Application, the direction given by the Tribunal of its order to the Assessing Officer to verify as to whether the amount in question paid by the assessee to Donation Fund is within the limits specified in the relevant Rules is not in consonance with the conclusion drawn by the Tribunal that the issue under consideration is squarely covered in favour of the assessee by the decision in Glaxo Smithkline Pharmaceuticals [2011 (1) TMI 1530 - ITAT MUMBAI] wherein it was held that the limitations placed under Rule 87 are not applicable to the payment of additional contribution necessitated due to shortfall discovered in the course of actual valuation of the fund as the same is in the nature of one time exceptional payment to ensure that the superannuation fund is able to discharge its obligation. There is thus a mistake in the order of the Tribunal in giving such direction to the Assessing Officer while deciding this issue vide paragraph no 44 and the same being apparent from record, we rectify the same by deleting last eight lines of the said para and substituting the same with the following:- “We are unable to accept this contention of the ld. D.R. In our opinion, the issue involved in Ground No. 8 of the assessee’s appeal is squarely covered in favour of the assessee by the decision of the Coordinate Bench of this Tribunal in the case of Glaxo Smithkline Pharmaceuticals (supra) and respectfully following the same, we delete the addition made by the Assessing Officer and confirmed by the ld. CIT(Appeals) on this issue. Ground No 8 of the assessee’s appeal for A.Y. 200405 is accordingly allowed”. Miscellaneous Application of the assessee is allowed.
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