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2020 (12) TMI 666 - AT - Income TaxRectification u/s 254 - co-operative society entitled to benefit of deduction u/s.80P(2)(a)(i) or not? - Tribunal powers to review its order u/s.254(2) - HELD THAT:- Under Sec.254(2) of the Act, what can be rectified is only a mistake that is apparent on the face of the record. The expression “mistake apparent on the face of the record” will not include a mistake which can be identified only by a difficult process of long drawn reasoning. The tribunal does not have powers to review its order u/s.254(2) - present MP is devoid of any merit as what the Revenue seeks through this MP u/s.254(2) of the Act is only a review of the order of the Tribunal. As to whether the decision in the case of Udaya Souhardha Credit Co-operative society Ltd. [2018 (8) TMI 1063 - ITAT BANGALORE] has only remanded the issue to the AO for fresh consideration or has laid down the law on the issue is a debatable issue. Such debatable issues cannot be subject matter of an MP u/s.254(2) of the Act. Decision of the Tribunal in the case of Udaya Souhardha Credit Co-operative Society Ltd. (supra) does not lay out any law that a souharda registered under the Karnataka Souharda Sahakari Act, 1997 cannot be regarded as co-operative society entitled to benefit of deduction u/s.80P(2)(a)(i) of the Act. The Tribunal in the said order has only remanded the issue to the AO for fresh consideration because the issue was raised for the first time before tribunal and required a deeper examination. In the appeal decided by the Tribunal the Tribunal has in paragraph-5 of the order which is subject matter of this MP, has clearly given the reason as to why they cannot remand the issue to the revenue authorities because in the case which was subject matter of the appeal, the AO and CIT(A) have already considered this issue in the light of the Karnataka Souharda Sahakari Act, 1997 -there is no error in the order of the Tribunal which calls for any interference u/s.254(2) of the Act. MP is without any merit and the same is dismissed.
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