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| The Tax Publishers2019 TaxPub(DT) 8129 (Mum-Trib) INCOME TAX ACT, 1961
Section 254
When assessee admitted at the time of hearing that the ground was not pressed by him in view of the retrospective amendment in the statute and especially the fact of admission by assessee was not in dispute, the same would only constitute mistake committed by assessee. Hence, it would not fall under the ambit of mistake apparent on record committed by Tribunal in the order warranting rectification under section 254(2).
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Appeal(Tribunal) - Rectification of mistake - Error apparent on the face of record -
Assessee filed this miscellaneous application with regard to upholding the action of AO towards disallowance made for provision for doubtful debts while computing book profits under section 115JB. Assessee had made provision for doubtful debts and had claimed the same as deduction while computing the book profits under section 115JB. AO added the same in assessment under section 115JB. Tribunal had duly noted the same and accordingly dismissed the ground raised by assessee. Held: When assessee admitted at time of hearing that the said ground was not pressed by him in view of retrospective amendment in the statute and especially the fact of admission by assessee was not in dispute, the same would only constitute mistake committed by assessee. Hence, it would not fall under the ambit of mistake apparent on record committed by Tribunal in order warranting rectification under section 254(2). Hence, the ground raised by assessee in its miscellaneous application was hereby dismissed.
REFERRED : Mahindra & Mahindra Ltd. v. DCIT (2018) 193 TTJ 0618 (Mum) : 2018 TaxPub(DT) 3181 (Mum-Trib) Mahindra & Mahindra Limited v. Addl. CIT (2014) 029 ITR (Trib) 0095 (Mum) : 2013 TaxPub(DT) 2674 (Mum-Trib) Dy. CIT v. Trent Limited ITA No. 1073/Mum/2005 dated 18-5-2012
FAVOUR : Against the assessee
A.Y. : 2002-04
IN THE ITAT, MUMBAI BENCH
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