1.That the order of Hon. Apex Court in Checkmate (supra) was pronounced on 12.10.2022.
2.That ITAT orders passed in favour of the Assessee prior to 12.10.2022, which were based on the correct position of law prevailing at that time shall sustain and Hon. Supreme Court’s ruling in Checkmate (supra) may not put adverse impact on such tribunal orders.
3.That against the order of ITAT pronounced prior to 12/10/2022, The Revenue up to 6 months from the end of month in which order sought to be rectified was passed, may file miscellaneous petition before ITAT to recall its earlier order.
4. That the ITAT cannot rectify its own order passed in detailed manner, which was based on the correct position of law prevailing on the date of passing the order.
5. That Hon. Apex Court in CIT vs. Reliance Telecom Ltd. Civil Appeal Nos. 7110-7111 of 2021 order dated 03.12.2021 has held:
a)That the proposition that if the merits might have been decided erroneously, the ITAT has jurisdiction and it is within its powers to recall an earlier order which was an erroneous order, cannot be accepted.
b)That the limited powers under Section 254(2) of the Act are only to rectify/correct any mistake apparent from the record and not beyond that.
c)That the Appellate Tribunal is not required to re-visit its earlier order and to go into detail on merits.
d)That if any party is of the opinion that the order passed by the ITAT is erroneous, either on facts or in law, the only remedy available is to prefer the appeal before the High Court.
6. That the Revenue cannot file appeal before High Court in cases where the tax effect is less than Rs. 100 lakhs (Refer CBDT Circular No. 17/2019 dated 8th August 2019) and therefore in such cases, the orders passed by ITAT prior to 12.10.2022 will attain finality.
7. That in cases where the tax effect exceeds Rs. 100 Lakhs and Appeal against the order of ITAT has been admitted by High Court, until and unless a stay order against operation of ITAT order is granted by HC, ITAT orders passed prior to 12/10/2022 will remain effective.
1.That the order of Hon. Apex Court in Checkmate (supra) was pronounced on 12.10.2022.
2.That ITAT orders passed in favour of the Assessee prior to 12.10.2022, which were based on the correct position of law prevailing at that time shall sustain and Hon. Supreme Court’s ruling in Checkmate (supra) may not put adverse impact on such tribunal orders.
3.That against the order of ITAT pronounced prior to 12/10/2022, The Revenue up to 6 months from the end of month in which order sought to be rectified was passed, may file miscellaneous petition before ITAT to recall its earlier order.
4. That the ITAT cannot rectify its own order passed in detailed manner, which was based on the correct position of law prevailing on the date of passing the order.
5. That Hon. Apex Court in CIT vs. Reliance Telecom Ltd. Civil Appeal Nos. 7110-7111 of 2021 order dated 03.12.2021 has held:
a)That the proposition that if the merits might have been decided erroneously, the ITAT has jurisdiction and it is within its powers to recall an earlier order which was an erroneous order, cannot be accepted.
b)That the limited powers under Section 254(2) of the Act are only to rectify/correct any mistake apparent from the record and not beyond that.
c)That the Appellate Tribunal is not required to re-visit its earlier order and to go into detail on merits.
d)That if any party is of the opinion that the order passed by the ITAT is erroneous, either on facts or in law, the only remedy available is to prefer the appeal before the High Court.
6. That the Revenue cannot file appeal before High Court in cases where the tax effect is less than Rs. 100 lakhs (Refer CBDT Circular No. 17/2019 dated 8th August 2019) and therefore in such cases, the orders passed by ITAT prior to 12.10.2022 will attain finality.
7. That in cases where the tax effect exceeds Rs. 100 Lakhs and Appeal against the order of ITAT has been admitted by High Court, until and unless a stay order against operation of ITAT order is granted by HC, ITAT orders passed prior to 12/10/2022 will remain effective.
About the Author: CA Milind Wadhwani B. Com (Hons.), DISA(ICAI), FAFD(Cert.), CCCA(Cert.), Research (Ph.D.) Scholar Mobile +91 9826273333 Mail ID: - MILIND.WADHWANI20@GMAIL.COM
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Posted on: November 22nd, 2022
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