2014 (12) TMI 184

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....th September 2013 passed Income Tax Appellate Tribunal (Tribunal). By the impugned order, the Petitioner's applications to rectify the order dated 14th May, 2010 passed by the Tribunal on a rectification application was dismissed. The order dated 14th May, 2010 partly recalled the common order dated 18th January 2008 passed in respect of Assessment Years 1999-2000 to 2001-02 on the Petitioner's application for rectification. 3. The Petitioner had during three subject Assessment Years viz. Assessment Years 1999-2000, 2000-01 and 2001-02 claimed deduction under Section 80HHC and 80IB of the Income Tax Act, 1961 (the Act) while computing its income under Section 115JA/115JB of the Act. The Revenue did not accept the Petitioner's....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....and 80IA of the Act, Petitioner filed a rectification application before the Tribunal. However, in the title of the rectification application, the Petitioner while seeking to rectify the order dated 18th January, 2008 by mistake had referred it as arising out of the Income Tax Appeal Nos.904, 867 and 868/Mum/2005. These three appeal numbers referred to the appeals filed by the Revenue as is evident from the title of the order dated 18th January, 2008. 7. By order dated 14th May, 2010, the Tribunal allowed the miscellaneous application for rectification filed by the Petitioner by recalling the order dated 18th January, 2008 to the extent of non-consideration of deduction under Section 80HHC and 80IA of the Act. However, the title of order....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... order dated 13th September, 2013, the Tribunal rejected the three miscellaneous application filed by the Petitioner, seeking to correct the order of the Tribunal dated 14th May, 2010. This dismissal of the rectification application was on the following grounds: (a) A rectification application under Section 254(2) of the Act can be entertained only to rectify an order passed under Section 254(1) of the Act and not to correct an error passed under Section 254(2) of the Act. In support, reliance was placed upon the decision of the Orissa High Court in CIT v/s. President ITAT 196 ITR 838; and (b) There is no mistake committed in the order dated 14th May, 2010 of the Tribunal. In any case, the proceeding under Section 254(2) of the Act ar....