2011 (12) TMI 223 - AT - Income Tax

Tribunal upholds CIT(A)'s decision, dismisses appeals citing Section 154 limitations.

Harinder Singh Versus Income-tax Officer, Ward-3, Ambala

The Tribunal dismissed the appeals as the alleged mistakes were not self-evident or apparent from the record, affirming the CIT(A)'s order and the AO's ... Rectification of mistake u/s 154 – enhanced compensation received on acquisition of land and interest thereon – compensation claimed to be exempt u/s 10(37) and interest was taxable – A.O. processed the return u/s 143(1) – assessee applies for rectification and seeks enhancement of interest from Rs. 58,974/- as shown in the return of income to Rs. 14,67,470/- and its inclusion in the enhanced compensation - also claims exemption of the whole amount of enhanced compensation including interest u/s 10(37) - appellant did not furnish such details and material in the return of income, which was processed u/s 143(1) – Held that:- The claim of the assessee that the interest received by him is exempt u/s 10(37) would require examination of the claim in the light of the provisions of section 10(37), which cannot be undertaken in proceedings u/s 154. It is a matter of debate as to whether the impugned interest is at all eligible for exemption u/s 10(37). Therefore such claim cannot be considered u/s 154.Assessee is trying its case to be reviewed in the light of the recent judgment of Supreme court in the garb of seeking rectification - Section 154 does not contemplate review of an order already passed.Further, section 154(2)(b) provides that mistake which has been brought to notice 'by the assessee'could be rectified. In the present case, application has been signed by assessee's representative. Assessee himself has not brought any mistake to the notice of the A.O. A representative can represent the assessee but he cannot substitute the assessee for all intent and purpose. - Decided against the assessee. Issues Involved:1. Justification of CIT(A)'s order under Section 250(6) of the Income-tax Act, 1961.2. Applicability of Section 154 for rectification of mistakes.3. Taxability of interest on compensation under Section 10(37).4. Jurisdiction of AO under Sections 143(1) and 154.5. Interpretation of Supreme Court rulings in the context of rectification.Issue-wise Detailed Analysis:1. Justification of CIT(A)'s order under Section 250(6) of the Income-tax Act, 1961:The appeals were filed against the common order passed by CIT(A) on 01.07.2011. The appellants argued that the CIT(A) erred in holding that the action of the AO in denying rectification was justified. The CIT(A) had dismissed 63 appeals collectively, which were argued to be against the facts on file.2. Applicability of Section 154 for rectification of mistakes:The primary contention was whether the issue of taxability of interest on compensation is debatable and falls within the ambit of Section 154. The Tribunal emphasized that Section 154 is applicable only where there is a 'mistake apparent from the record.' The existence of such a mistake is a statutory condition precedent for invoking Section 154. The Tribunal cited Supreme Court rulings, including T.S. Balaram, ITO v. Volkart Bros., which held that a mistake apparent on the record must be an obvious and patent mistake, not something that requires a long-drawn process of reasoning.3. Taxability of interest on compensation under Section 10(37):The appellants argued that the interest received under Section 28 of the Land Acquisition Act should be exempt under Section 10(37) of the Income-tax Act, based on the Supreme Court's decision in CIT v. Ghanshyam (HUF). However, the Tribunal noted that the foundational facts necessary for applying this judgment were not self-evident or apparent from the record. The Tribunal highlighted that the AO does not have jurisdiction under Section 143(1) to make adjustments to the returned income, and the intended rectification would require detailed investigation and verification, thus falling beyond the ambit of Section 154.4. Jurisdiction of AO under Sections 143(1) and 154:The Tribunal clarified that under Section 143(1), the AO does not have the power to make any adjustment to the income disclosed by the assessee. Section 154 is distinct and is intended for rectifying mistakes apparent from the record, not for reassessing or reviewing substantial decisions. The AO had processed the return without adjustments and issued a refund accordingly, indicating no apparent mistake in the intimation issued under Section 143(1).5. Interpretation of Supreme Court rulings in the context of rectification:The Tribunal discussed the applicability of Supreme Court judgments in rectification proceedings. It was noted that while subsequent judgments of the Supreme Court can be grounds for rectification, the mistake must be self-evident and apparent from the record. The Tribunal referred to CIT v. Aruna Luthra and Mepco Industries Ltd. v. CIT, emphasizing that rectification cannot be used to reopen concluded matters or to make new claims not made earlier. The reliance on CIT v. Ghanshyam (HUF) was found insufficient as the foundational facts were not apparent from the record.Conclusion:The Tribunal concluded that the appeals did not meet the criteria for rectification under Section 154, as the alleged mistakes were not self-evident or apparent from the record. The appeals were dismissed, affirming the CIT(A)'s order and the AO's decision. The Tribunal also noted procedural issues, such as the rectification application being filed by the representative rather than the assessee, rendering it incompetent. The Tribunal's decision was consistent with prior rulings, including those of the jurisdictional High Court and the Supreme Court.