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

ITAT allows exemption of Rs. 25 lakhs u/s 10(10A) to non-government employees

ITAT allowed increased exemption of Rs. 25 lakhs u/s 10(10A) to non-government employees in view of CBDT retrospective notification. In…

16 hours ago
  • Income Tax

PCIT has revisionary jurisdiction u/s 263 over the cases passed by the NFAC or the JAO

PCIT has revisionary jurisdiction u/s 263 over the cases irrespective of the fact that the relevant assessment was completed physical…

1 day ago
  • Insurance

Appellate court interfering with MACT finding must undertake reappreciation of evidence

Appellate court interfering with Motor Accidents Claims Tribunal findings on assessment of disability and loss of earning capacity must undertake…

2 days ago
  • Income Tax

When delay is not huge & involves huge monetary liability, lenient approach to be taken

When period of delay is not very huge and involve huge monetary liability on the assessee, a lenient approach should…

2 days ago
  • SEBI

EoGM of company can not ratify diversion of fund raised by preferential issue – SC

Ratification by EoGM of the company can not give legality of the diversion of the fund raised by preferential issue.…

3 days ago
  • Excise/Custom

Return of export cargo from Hormuz Strait where vessel do not lands at original port

CBIC prescribes procedures for return of export cargo from international waters due to closure of the Strait of Hormuz where…

3 days ago