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TMI Blog2023 (6) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... en the following grounds of appeals:- "1. The learned Commissioner (Appeals), National Faceless Appeal Centre, Delhi erred in upholding the rejection by the CPC of the application for rectification of intimation u/s 143(1) made by the Appellant. 2. The learned Commissioner (Appeals), National Faceless Appeal Centre, Delhi failed to appreciate that the denial of claim for deduction u/s 80P by CPC u/s 143(1)(a) of the Act, being a mistake, it ought to have been rectified u/s 154 of the Act. 3. The Appellant craves leave to add, amend, alter and withdraw any ground of appeal at any time up to the hearing of this appeal." 3. The brief facts of the case are that the assessee is a Co-operative Society and it filed it's return of income cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 61 - Appellate Tribunal -Power of rectification (Recall of order) - Assessment year 2012-13 - Whether provisions of section 254(2) have narrow application and envisage rectification of mistakes which are apparent from record and there is power to rectify but not to review order - Held, yes -Assessee sought to recall order of Tribunal whereby claim of deduction under section 80-IA on interest on income-tax refund and interest earned by assesses on Fixed Deposits (FDs) held with bank had been denied - Assessee claimed that it was engaged only in one business of developing, operating and maintaining port terminals and intent to park funds in FDs was to secure funds so that assessee could fulfil its future obligations under agreement - Thus, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... une, 1987, the ITAT, Hyderabad Bench 'A', observed asunder: "Further in the case of assessments under section 143(1), it is not permissible for the assesses to plead for rectification under section 154 on grounds of mistake apparent from record. In view of the decision of the Tribunal in Sixth ITO v. Pithva Engg. Works [1983]6 ITD 413(Bom.), the provisions of section 143(1) and other provisions relevant thereto in section 143 constitute a complete code in themselves being special provisions relating to assessments made under section 143(1). These special provisions cannot be ignored by resorting to the general provisions of section 154 for the reason that the rule that the special excludes the general' is well settled. For thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against which the assessee had filed reply dated 09.01.2020 objecting to the proposed adjustment), and the rejection order issued by CPC dated 12.02.2020. The Counsel for the assessee submitted that in the intimation under Section 143(1) dated 12.02.2020, the claim of deduction under Section 80P of the Act was denied for the first time, while in the communication sent by CPC dated 03.01.2020, there was no mention of proposed adjustment with respect to denial of assessee's claim of deduction u/s 80-P of the Act. The assessee filed rectification application dated 14.02.2020 against the intimation under Section 143(1) dated 12.02.2020, however, the CPC issued rejection order dated 14.07.2020 in which the CPC give an altogether new basis for de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion for the Counsel of the assessee is that Ld. CIT(Appeals) has erred in facts in law in summarily rejecting the claim of the assessee without even discussing the facts of the assessee's case and by simply holding that denial of claim of deduction under Section 80P(2) does not amount to a mistake apparent from record and in further holding that the point of difference between computation of book profit made by CPC and by the assessee were such which involved debatable issues and thus, was outside the purview of section 154 of the Act. Accordingly, the Counsel for the assessee requested that looking into the instant facts, the order passed by Ld. CIT(Appeals) may be set-aside and claim of deduction under Section 80P may be allowed to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nication of proposed adjustment in respect of denial of claim under Section 80P of the Act to the assessee. Therefore, we observe that the assessee was denied any opportunity to file its objections to the adjustments made in the order / intimation issued by CPC with respect to denial of claim of deduction u/s 80P of the Act. Thirdly, we observe that in the instant facts it has not been disputed by the Department that the interest / dividend income was received by the assessee from other Co-operative Societies. Further, on perusal of the return of income filed by the assessee also shows that the said deduction under Section 80P has been claimed by the assessee on the balance income after set off of current year and brought forward losses (Re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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