2016 (1) TMI 808

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....en crept in the order of the Tribunal while deciding the ground in respect of assessee's claim for deduction under section 80-IA. 3. As regards the second mistake allegedly crept in the order of the Tribunal while deciding the issue relating to deduction under section 80IC, the ld. Counsel for the assessee invited our attention to the relevant portion on page no. 24 of the assessment order to point out that the claim of the assessee for deduction under section 80IC was disallowed by the Assessing Officer on different grounds and not on the ground that the income from the eligible undertaking was not included in the gross total income of the assessee. He then invited our attention to the relevant portion of the Tribunal's order on p....

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....ee with the ld. Counsel for the assessee that there is a mistake apparent from record in the order of the Tribunal while giving a direction to the ld. CIT(Appeals) to verify as to whether the profit in question of the eligible undertaking is included in the gross total income of the assessee. As rightly pointed out by the ld. D.R., the relevant findings/ observations recorded by the Assessing Officer on page no. 24 of his order clearly shows that the claim of the assessee for deduction under section 80IC was disallowed by him, inter alia, on the basis of condition laid down in section 80AB and a finding was recorded by him in this context that the said condition was not fulfilled by the assessee in the sense that the notional profit had nev....

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....d the view that they could not interfere with the satisfaction formed by the Assessing Officer and accordingly, the ld. Authorized Representative of the assessee was not allowed to raise any further argument on this issue. He submitted that the Tribunal in its order dated 12.09.2014 (supra) has given a finding to the effect on page no. 29 that such satisfaction on objective basis was recorded by the Assessing Officer. He has contended that this finding thus has been recorded by the Tribunal without giving the assessee an opportunity of being heard and there is a mistake apparent from record in the order of the Tribunal. In support of this contention, he also filed an affidavit of the ld. Authorized Representative of the assessee Shri Rahul ....

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....of the matter. There is thus nothing on record to support or substantiate the affidavit of Shri Rahul Kumar Mitra filed by the assessee. On the contrary, the relevant observations/ findings recorded by the Tribunal in its order clearly show that his aspect is not only considered and discussed by the Tribunal, but a clear-cut finding has been recorded thereon to the effect that the satisfaction on objective basis as required for making any disallowance under section 14A was arrived at by the Assessing Officer by a categorical recording that he was not satisfied with the correctness of the disallowance made by the assesese with reference to the accounts, as the assesese had not maintained any separate details or accounts in respect of the inc....