2025 (3) TMI 1003 - HC - Income Tax

Review petition dismissed for failing to show grounds to reopen order; proviso to Section 2(15) held inapplicable

M/s. Jharkhand State Cricket Association Versus The Commissioner of Income Tax (Exemptions), Patna.

HC dismissed the review petition, holding no ground for review. ITAT had allowed the appeal, held the proviso to Section 2(15) inapplicable to the ... Review petition - proviso to Section 2(15) not applicable to the respondent - ITAT has allowed the appeal and has held that the proviso to Section 2(15) is not applicable to the respondent / review petitioner and has set aside the order passed by CIT (E) u/s 263 by which the matter was remanded back to the AO for fresh assessment. Whether the factual aspect as available in the present case and the ground which has been agitated is available to exercise the power of review? - HELD THAT:- This Court is of the view that since the Co-ordinate Bench has passed order on the concession given by the learned counsel appearing for the review petitioner and the matter has been remitted before the authority to decide afresh in view of the judgment passed by the Hon’ble Apex Court, hence, this case is not coming under the fold of the power which is to be exercised under the jurisdiction of review. On the basis of the discussion made herein above and taking into consideration the ratio laid down by the Hon’ble Apex Court in the case of Sanjay Kumar Agarwal Vrs. State Tax Officer (1) & Anr. [2023 (11) TMI 54 - SUPREME COURT] and in the case of Rimpa Saha [2025 (1) TMI 1525 - SUPREME COURT] is of the view that no ground is available to review the order passed. ISSUES PRESENTED and CONSIDEREDThe primary legal question considered was whether the review of the order dated 11.07.2024, passed in Tax Appeal No. 24 of 2019, was permissible under the circumstances where the order was based on a concession given by the counsel for the review petitioner/respondent. The core issue revolved around the applicability of the principles governing the review of judicial orders, particularly when an order is passed based on a concession.ISSUE-WISE DETAILED ANALYSISRelevant legal framework and precedents:The legal framework for reviewing judicial orders is primarily governed by Order 47 Rule 1 of the Civil Procedure Code (CPC), which allows for review on grounds such as the discovery of new and important evidence, a mistake or error apparent on the face of the record, or any other sufficient reason. The judgment references several precedents, including Moran Mar Basselios Catholicos v. Most Rev. Mar Poulose Athanasius, Col. Avatar Singh Sekhon v. Union of India, and Kamlesh Verma v. Mayawati, which outline the limited scope of review proceedings.Court's interpretation and reasoning:The Court emphasized that the power of review is limited and can only be exercised under specific circumstances. It reiterated that a review is not an appeal in disguise and cannot be used to reargue or reexamine issues already decided. The Court noted that a review can only be granted if there is an error apparent on the face of the record or if new evidence is discovered that was not available despite due diligence.Key evidence and findings:The order dated 11.07.2024 was based on a concession given by the counsel for the review petitioner/respondent. The Court found that the concession was acknowledged and accepted during the proceedings, and the matter was remitted for fresh consideration in light of the Supreme Court's decision in Assistant Commissioner of Income Tax (Exemption) v. Ahmedabad Urban Development Authority.Application of law to facts:The Court applied the principles of review jurisdiction to the facts of the case, concluding that the order was based on a voluntary concession by the counsel and did not contain any apparent error or new evidence that would justify a review. The Court highlighted that once a concession is given and an order is passed based on it, the parties cannot seek a review unless there is a manifest error or new evidence.Treatment of competing arguments:The respondent/appellant argued that the review was not maintainable as the order was based on a concession. The review petitioner contended that the review should be granted, although the specific grounds for retracting the concession were not pursued. The Court sided with the respondent/appellant, emphasizing the finality of orders based on concessions unless specific review grounds are met.Conclusions:The Court concluded that the review petition did not meet the criteria for review under the established legal framework and precedents. It held that the order dated 11.07.2024, based on a concession, could not be reviewed as there was no error apparent on the face of the record or new evidence warranting such action.SIGNIFICANT HOLDINGSThe Court preserved the principle that a review is only maintainable under specific circumstances, emphasizing that:'A review petition has a limited purpose and cannot be allowed to be 'an appeal in disguise'.'The Court reiterated that the power of review is circumscribed by the definitive limits fixed by the language of Order 47 Rule 1 CPC and related judicial interpretations.The final determination was that the review petition was dismissed, as the grounds for review were not satisfied, and the original order based on the concession remained intact.