2024 (5) TMI 444

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....CTK/2021 arising out of ITA no.331/CTK/2017 pertaining to assessment year 2009-10. He submits, the order was made invoking power under sub-section (2) in section 254 of Income Tax Act, 1961. 2. Drawing attention to impugned order he demonstrates, contention of his client in the rectification proceeding was that in the appeal the Tribunal had made error apparent in its order by saying transportation loss in respect of coal was not accepted. Its opinion was, the assessee must have claimed the same on the responsible transporter, which has not been shown in the case. 3. He points out from order dated 28th October, 2020 of the Tribunal disposing of the appeal, in paragraphs 43 to 46 the point was dealt with. His client's contention of fact wa....

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....venue and submits, the Tribunal found on facts, on approach by the assessee for it to invoke its power under section 254(2). The Tribunal refused to do so. The matter remains in the domain of facts ascertained by the Tribunal, the last forum to find on facts. In event petitioner is aggrieved, statutory remedy of appeal is available under section 260-A. In the circumstances, the writ petition is not maintainable and be dismissed. 5. Sub-section (2) in section 254, without the provisos, is set out below. "(2) The Appellate Tribunal may, at any time within [six months from the end of the month in which the order was passed], with a view to rectifying any mistake apparent from the record, amend any order passed by it under subsection (1), an....

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....shortage are claimed by the assessee to the transporters and without examining the above facts the CIT(A) deleted the addition made by the AO, which in our opinion is not plausible. Neither the assessee has made any effort with regard to the above fact nor he has filed any supporting documents or evidence before us. The assessee has just explained before us that the shortage of coal worked out to 0.498% of the total coal purchased and simply accepted that the above percentage of shortage is very reasonable nor the auditors have made any adverse comments. Stating this fact, the assessee company has kept itself mum. It is also a fact that the coal is not an evaporated item, rather it is solid items for which, the quantity dispatched from the ....