The Tax Publishers2020 TaxPub(DT) 4759 (Bang-Trib)

INCOME TAX ACT, 1961

Section 254(2)

Where the primary basis of the Tribunal order rejecting claim of non payment of share premium by assessee was in the light of various facts and reasons noted by both the lower authorities which could not be controverted by assessee, no interference could be called for in the order of CIT(A) and thus, no apparent mistake could be found in the impugned Tribunal order which should be rectified under section 254(2).

Appeal(Tribunal) - Rectification under section 254(2) - No perversity in order of Tribunal -

Assessee filed appeal against the order of Tribunal rejecting claim of non-payment of share premium by it and therefore, claimed that Tribunal order was containing an apparent mistake which should be rectified under section 254(2). Held: The primary basis of the Tribunal order was in the light of various facts and reasons noted by both the lower authorities which could not be controverted by assessee, no interference was called for in the order of CIT(A). In view of these facts, no apparent mistake was found in the Tribunal order.

REFERRED :

FAVOUR : Against the assessee

A.Y. :



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