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2019 (3) TMI 794 - AT - Income TaxRectification of mistake u/s. 254(2) - Scope of tribunal in rectification - eligibility for deduction u/s 35(1) - maintenance of books of account in respect of R&D facility - HELD THAT:- As carefully considered the Miscellaneous Application filed by the assessee seeking rectification of the order of the Tribunal. The assessee is seeking rectification of the ITAT order on the ground that the Tribunal has recorded incorrect findings in so far as maintenance of books of account in respect of R&D facility. The arguments advanced by the assessee have been considered in the light of the provisions of section 35(1) and Rule 5D of the I.T. Rules, 1962; before coming to the conclusion that in order to be eligible for deduction u/s. 35(1), the assessee is required to maintain separate books of account in respect of its R&D facilities. We, therefore are of the considered view that there is no error in the findings given by the Tribunal in its order dated 31.1.2018. The assessee is seeking review of the order passed by the Tribunal in the guise of rectification which is not permissible u/s. 254(2) of the Act. Hence, Miscellaneous Application filed by the assessee is dismissed.
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