Income Tax

ITAT jurisdiction to consider rectification application is extremely limited. Supreme Court dismisses SLP

ITAT jurisdiction to consider rectification application is extremely limited. Supreme Court dismisses SLP of the Petitioner

ABCAUS Case Law Citation:
ABCAUS 2624 (2018) (11) SC

Earlier, the petitioner had approached High Court against the order of the Income Tax Appellate Tribunal (ITAT) in declining to rectify its previous order.

The petitioner assessee was aggrieved by the imposition of penalty based upon the findings of the Assessing Officer (AO) that the assessee had received accommodation entries.

The assessee’s appeal before both, the CIT(A) and ITAT was unsuccessful.

However, it approached the ITAT again, under Section 254(2) of the Income Tax Act, 1961 [the Act], contending that the ITAT’s previous orders needed rectification because vital facts had been overlooked.

However, the ITAT turned down the request.

The assessee then approached the High Court with the contention that the ITAT overlooked a salient fact that no opportunity to cross-examination was ever provided to it and in not doing so, the ITAT had fell into error.

However the High Court observed that the petitioner was unsuccessful before the three statutory authorities. Therefore, as far as the appreciation of facts and application of law was concerned, there was no question of interference under Article 226 of the Constitution.

With respect to the question as to whether the ITAT’s refusal to rectify its previous order (which was based upon the merits of the matter, including the allegation of denial of natural justice), was illegal, the High Court opined that having regard to the extremely circumscribed jurisdiction of the ITAT while considering the rectification application, its view could not be considered unreasonable.

Against the order of the High Court, the Petitioner filed SLP before the Hon’ble Supreme Court which dismissed it.  

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

SC condoned delay of 972 days in filing appeal due to restructuring in Department

Supreme Court condoned delay of 972 days in filing appeal due to restructuring in Income Tax Department In a recent…

14 hours ago
  • Income Tax

No addition on mere valuation report when stamp duty valuation is available

Addition can not be made relying on the valuation report of property when the stamp duty valuation is also available…

18 hours ago
  • Income Tax

ITAT deleted penalty for making a wrong claim of deduction u/s 54F/54B

Wrong claim of deduction u/s 54F/54B was not a case of concealment of particulars of income or furnishing inaccurate particulars…

20 hours ago
  • GST

Value of taxable supply and rates notified Pan Masala / tobacco products

CBIC notifies GST rates and value of taxable supply for Biris, Pan Masala / tobacco products  Ministry of Finance(Department of…

1 day ago
  • Excise/Custom

CBIC issues SOP for wearing Body Cam by Custom officers in Baggage Clearance

CBIC has issued a Standard Operating Procedure (SoP) for wearing Body Cam by Custom officers responsible for Baggage Clearance According…

2 days ago
  • Companies Act

MCA amends rules regarding Directors KYC and updation

MCA amends rules regarding Directors KYC and updation MINISTRY OF CORPORATE AFFAIRSNOTIFICATION New Delhi, the 31st December, 2025 G.S.R. 943(E).—In…

2 days ago