banner_ad

OCL India Ltd


Last updated: 25 June 2009

Court :
Delhi HC

Brief :
Once revenue has not challenged a CIT-A order on a subject matter, same cannot be disturbed by invoking section 154 seeking to rectify appeal effect order originally passed (On part of AO)

Citation :

IN THE HIGH COURT OF DELHI AT NEW DELHI 19.05.2009 Present: Mr. J R Goel for the appellant. Mr. R M Mehta for the respondent. ITA Nos 1378/2008, 1393/2008 OCL INDIA LTD The contention which is raised before us by the Revenue is that it is Section 244A and not Section 244(1A) of the Income Tax Act, 1961 (in short Act) which is applicable. So far as this question is concerned, it has attained finality in terms of the order dated 27.02.2006 of the Commissioner of Income Tax (Appeals) [in short CIT (A)]. Before him, the contention was not whether Section 244A or 244(1A) was applicable, it was understood that it was only the latter which was attracted. By his order dated 14.03.2006, the Assessing Officer has, in fact, given effect to the CIT (A) order by computing interest in conformity with the provisions of Section 244(1A) of the Act. It transpires that subsequently, the Assessing Officer has sought to invoke Section 154 of the Act to rectify what he considered was a mistake.
In our view, the debate as to which of the Sections is applicable, stands closed on failure of the Revenue to challenge the order dated 27.02.2006 before the Income Tax Appellate Tribunal (in short the ITAT). It is contended by learned counsel for the Revenue that in the said order dated 27.02.2006, the CIT(A) has stated that interest shall, after due verification as per law, be allowed. This contention has been examined and rejected by the CIT (A) in these proceedings.
The question which had been raised before the ITAT was whether it was open to the Assessing Officer to invoke Section 154 to correct what he consider was a mistake. After perusing several judgments on the issue, the finding of the ITAT is that it was impermissible to invoke Section 154. We find no error in this conclusion.
No substantial question of law arises for consideration. The appeal is dismissed. VIKRAMAJIT SEN, J RAJIV SHAKDHER, J
MAY19,2009

 

CCI Pro

Sanjeev Jain
Published in Income Tax
Views : 1044

Comments




CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news



Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
ARTICLESHIP 31 May 2026
Article Assistant

KPRS And Associates

New Delhi

CA Inter

View Details
Company
14 May 2026
Senior Accounts Executive

Karan Gupta & Co.

New Delhi

Graduate (Any)

View Details
Company
14 May 2026
Senior Associate

ABHISHEK SHANKAR AGARWAL & ASSOCIATES

Kolkata

CA

View Details
Company
18 May 2026
MIS Executive

Primarc Pecan Retail Limited

Mumbai

B.Com

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
26 May 2026
Senior Accountant cum purchase Manager

Vardhaman Group of India

Pimpri Chinchwad

CA Inter

View Details
Company
07 June 2026
Tax Associate

Rajkumar Jain & Co.

Ahmedabad

Graduate (Any)

View Details