| The Tax Publishers2020 TaxPub(DT) 1139 (Coch-Trib) INCOME TAX ACT, 1961
Section 154 Section 250
In assessee's case, question was not making of any claim by assessee in return of income or before AO during assessment proceedings or before CIT(A) in proceedings under section 143(3) read with section 147 and 250. When CIT(A) proceeded to rectify his earlier order by placing reliance on judgment of Jurisdictional High Court in The Mavilayi Service Co-operative Bank Ltd. v. CIT, assessee made claim for deduction under section 80P(2)(d) in relation to which mistake was not apparent on record and related documents connected with this claim were not at all filed either before AO or before CIT(A). Being so, such claim could not be entertained by CIT(A) while he was deciding the issue under section 154 read with section 250. Hence, there was no infirmity in order of CIT(A) in rejecting claim of assessee under section 80P(2)(d).
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Rectification - Mistake apparent - Assessee challenged non-acceptance by CIT(A) of fresh claim made by assessee when CIT(A) proceeded to rectify his earlier order -
Assessee aggrieved by orders of AO denying claim of deduction under section 80P(2)(a)(i) preferred appeals before CIT(A) who allowed appeals by holding that assessees was eligible for deduction under section 80P in view of jurisdictional High in Chirakkal Service Co-operative Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.) : 2016 TaxPub(DT) 1770 (Ker-HC). Subsequently, CIT(A) issued notices under section 154 proposing to rectify his orders passed, in view of subsequent judgment of Full Bench of jurisdictional High Court in The Mavilayi Service Co-operative Bank Ltd. v. CIT [ITA No.97/2016 Order, dated 19-3-2019] : 2019 TaxPub(DT) 4909 (Ker-HC). Assessee objected to issuance of notices. However, CIT(A) rejected objections raised by assessee and passed orders under section 154, disallowing claim of assessees under section 80P(2). Aggrieved by order of CIT(A), assessee filed appeals before Tribunal contending that order of CIT(A) passed under section 154 r.w.s 250 was opposed to law and contrary to the facts of case and against equity and principles of natural justice in not allowing claim of assessee under section 80P(2)(d) while disposing of proceedings under section 154. Held: In assessee's case, question was not making of any claim by assessee in return of income or before AO during assessment proceedings or before CIT(A) in proceedings under section 143(3) read with section 147 and 250. When CIT(A) proceeded to rectify his earlier order by placing reliance on judgment of Jurisdictional High Court in The Mavilayi Service Co-operative Bank Ltd. v. CIT, the assessee made claim for deduction under section 80P(2)(d) in relation to which mistake was not apparent on record and related documents connected with this claim were not at all filed either before AO or before CIT(A). Being so, such claim could not be entertained by CIT(A) while he was deciding the issue under section 154 read with section 250. Hence, there was no infirmity in order of CIT(A) in rejecting claim of assessee under section 80P(2)(d).
Distinguished:National Thermal Power Corporation Ltd. v. CIT (1998) 229 ITR 383 (SC) : 1998 TaxPub(DT) 0342 (SC) and Goetze (India) Ltd. v. CIT (2006) 157 Taxman 1 (SC) : 2006 TaxPub(DT) 1528 (SC).
REFERRED :
FAVOUR : Against the assessee.
A.Y. : 2010-11, 2013-14 & 2014-15
IN THE ITAT, COCHIN BENCH
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