Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (12) TMI 168 - AT - Income TaxRectification u/s 254 - deduction u/s 80IB - HELD THAT:- As perusal of Audit Report noted that the same is unsigned and undated and that further held that there is no evidence to corroborate manufacturing activities commenced on 28.03.2004. All the material placed before our predecessor, were duly considered and on consideration has taken a plausible view. Assessee is now seeking the rectification of the order which is based on appreciation of evidence placed before the Tribunal. Assessee failed to bring any fact to our notice which may be considered as mistake apparent on record. The case laws relied for assessee in Nisha Synthetics Ltd. [2016 (12) TMI 1413 - SC ORDER] is not helpful to the assessee as the same is based total different set of facts. In the said case, there was a dispute whether the documents were filed before the Tribunal or not, the Hon’ble Court after considering the contention of the assessee directed Tribunal to consider the documents and pass the order afresh. In the present case, all the evidences furnished by assessee were duly considered and appreciated, therefore, the facts of the present case are quite different. Tribunal failed to advert even to basic facts and disposed of the appeal in in summary interfering with the order passed by authority. With utmost regards to the decisions of Hon’ble Apex Court we have seen that in the cases in hand our predecessor passed the order considering the facts of the cases and the evidenced furnished by the assessee. Thus, we do not find any merit to interfere in order dated 17.02.2017 by invoking the provision of section 254(2) of the Act. Miscellaneous Application filed by the assessee is dismissed.
|