2019 (5) TMI 1423 - AT - Income Tax

Tribunal rejects rectification plea for recalculating disallowance under tax law

Latin Manharlal Securities P. Ltd. Versus ACIT-4 (3) Aayakar Bhavan, M.K. Road, Mumbai

The Tribunal dismissed a Miscellaneous Application seeking rectification of an order to exclude shares held as stock in trade for calculating disallowance ... Rectification u/s 254 - Computation of disallowance u/s 14A - Hon’ble Bench has held that the investment in art gallery and in subsidiary company should be excluded but has not mentioned about the exclusion of shares held as stock in trade, therefore, there is a mistake apparent on record, hence, the order required to be rectified to this extent that the share held as stock in trade required to be excluded while calculating the disallowance u/s 80D(2)(iii) - HELD THAT:- On appraisal of the finding, we noticed that the matter of controversy has been adjudicated on merits. Any change on merits nowhere comes with the provisions u/s 254(2) of the Act, 1961. Moreover, required rectification would tantamount review of the appeal which is not permissible in accordance with law. Taking into account, all the facts and circumstances, we are of the view that the present miscellaneous application nowhere deserves to be allowed, therefore, we dismissed the miscellaneous application Issues:1. Rectification of order to exclude shares held as stock in trade while calculating disallowance u/s 80D(2)(iii) of the Act.Analysis:The judgment pertains to a Miscellaneous Application filed by the applicant arising out of ITA No. 680/M/16 for the A.Y. 2010-11. The applicant contended that the Hon'ble Bench allowed the appeal of the assessee but failed to exclude shares held as stock in trade while calculating the disallowance under Section 14A r.w. Rule 8D of the Act. The applicant sought rectification of the order to include this exclusion. However, upon hearing the arguments and examining the record, the Tribunal observed that the issue had already been adjudicated on merits. The Tribunal highlighted that any change on merits does not fall within the purview of provisions u/s 254(2) of the Act, 1961. Additionally, the Tribunal noted that the requested rectification would essentially amount to a review of the appeal, which is impermissible under the law. Consequently, the Tribunal concluded that the miscellaneous application did not merit allowance and, therefore, dismissed the application.This judgment underscores the principle that rectification of an order to include new aspects or arguments that were not part of the original adjudication on merits is not permissible under the provisions of the Act. The Tribunal emphasized that rectification cannot be used as a means to re-argue or review the merits of a case that has already been decided. The decision reaffirms the importance of adhering to the legal framework and the limitations on rectification applications, thereby upholding the integrity and finality of judicial decisions.