INCOME TAX ACT, 1961

Section 254

Appeal (Tribunal) - Rectification of mistake - Mistake apparent -

Revenue filed this miscellaneous petition contending that certain apparent mistakes in the order and should be rectified. In the course of hearing of Miscellaneous petition, it was submitted by Department that the agreement with State Cricket Association (KSCA) was 14-9-2011 which was much after the end of the relevant year, i.e., financial year. 2009-10 relevant to assessment year 2010-11 and this aspect was looked by Tribunal in order and therefore it was an apparent mistake which should be rectified. Assessee submitted that AO in the assessment order noted that Agreement in question is the date much after and relevant assessment year, i.e., 2010-11. But even after noting these facts, AO proceeded to decide the liability in question and an amount was paid by assessee during the relevant financial year.Held: As per assessment order, it was seen that this fact was very much noted by AO that the date of Agreement itself was not in the period relevant to assessment year in question. But even after noting this aspect of the matter, addition was not made by him on the basis of date of agreement but on the basis that the amount in question was capital in nature. Hence, contention raised in miscellaneous petition that there was apparent mistake in the Tribunal order because Tribunal had not considered the date of agreement was devoid of any merit. Thus, there was no mistake apparent in the Tribunal's order.

REFERRED : Royal Challenger Sports (P) Ltd. v. Dy. CIT Central Circle 2 (3) 2018 TaxPub(DT) 7631 (Bang-Trib).

FAVOUR : In assessee's favour.

A.Y. : 2010-11

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