The Tribunal held that the expression of the Supreme Court that “we do not find any merit in this petition” had to be given its true meaning and understood as resulting in finality in the litigation. Such an order passed by the Supreme Court was a speaking order, which though not merged with the order of the High Court, article 141 of the Constitution of India would apply. Such an order of the Supreme Court becomes the law of the land and would override the judgment of the jurisdictional High Court. Miscellaneous application of the Revenue was dismissed. Tribunal in the order under section 254(1)) has held that no addition can be made in respect of assessments which have become final if no incriminating material is found during search. ICDs and CFSs are infrastructural facility entitled to deduction under sub-section (4) of section 80-IA of the Act. Referred, Kunhayammed & Ors. v. State of Kerala & Ors. 245 ITR 360 (SC), P CIT v. Best Infrastructure (India) (P.) Ltd. 256 Taxman 63 (SC) (AY. 2012-13 to 2017-18)
Dy. CIT v. Sigma Castings Ltd. (2022) 96 ITR 318 (Lucknow)(Trib) Dy.CIT v. Kundan Castings (P) Ltd (2022) 96 ITR 318 (Lucknow) (Trib) Dy. CIT v. Paras Castings and Alloys (P) Ltd 2022) 96 ITR 318 (Lucknow) (Trib)
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Jurisdictional High Court-Tribunal’s order based on decision of Supreme Court-Supreme Court Dismissing Special Leave Petition filed by Department-Tribunal’s order cannot be rectified-No addition can be made in respect of assessments which have become final if no incriminating material is found during search–ICDs and CFSs are infrastructural facility entitled to deduction under sub-section (4) of section 80-IA. [S.80IA(4), Art. 141]