2012 (11) TMI 839 - AT - Income Tax

Tribunal rectifies assessment errors, directs reexamination of foreign exchange losses

M/s Aptech Ltd. Versus Dy. Commissioner of Income-tax, 8(1), Mumbai.

M/s Aptech Ltd. Versus Dy. Commissioner of Income-tax, 8(1), Mumbai. - TMI Issues:1. Rectification of mistakes alleged in the common order of the Tribunal dated 25th January, 2010 for assessment year 2004-05.2. Disallowance amounting to Rs.15,705,866 made by the Assessing Officer in relation to foreign exchange loss.3. Disallowance of loss of Rs.63.69 lakhs incurred on account of foreign exchange fluctuations.4. Disallowance of Rs.37,639,137 claimed by the appellant u/s 35DD.Analysis:1. The assessee sought rectification of alleged mistakes in the Tribunal's order for the assessment year 2004-05. The Tribunal had remitted the issue of disallowance related to foreign exchange loss back to the Assessing Officer for further examination. The Tribunal found that the details furnished by the assessee before the CIT(Appeals) were not mentioned in the AO's order. The Tribunal decided to restore the issue to the AO for fresh consideration based on the particulars provided by the assessee. The Tribunal concluded that there was no mistake in its order regarding this issue.2. The Tribunal considered the disallowance of loss on account of foreign exchange fluctuations. The appellant contended that the Tribunal overlooked details submitted to the AO, which were also presented to the CIT(A). The Tribunal noted that the deduction claimed under section 35DD was initially allowed in the assessment year 2002-03. The Tribunal agreed with the assessee that there was a mistake in its order as the relevant aspect was not considered. The Tribunal rectified its order, directing the AO to verify if the deduction was allowed in the initial year and to allow it in the year under consideration.3. The Tribunal addressed the disallowance of Rs.37,639,137 claimed by the appellant under section 35DD. The Tribunal observed that the expenditure for which the deduction was claimed in the assessment year 2004-05 was actually incurred in the previous year relevant to assessment year 2002-03. The Tribunal acknowledged that the deduction was allowed in the initial year after verification. The Tribunal rectified its order, instructing the AO to verify the allowance of the deduction in the initial year and to permit it in the current year.4. In conclusion, the Miscellaneous Applications of the assessee were partly allowed by the Tribunal, rectifying the mistakes in the order related to the disallowances and deductions claimed by the appellant under section 35DD for the assessment year 2004-05.