The Revenue filed the miscellaneous application \u00a0on the ground that the issue of claim of deduction of the amount deposited on account of employees\u2019 contribution to PF and ESIC after due dates specified in PF \/ESIC Acts, but before the due date filing of return as prescribed in Section 139(1) of the Act is not allowable, in view of the subsequent judgment of the Hon\u2019ble Supreme Court in the case of Checkmate Services P Ltd. v. \u00a0CIT (2022 ) 143 Taxmann.com 178\/ 448 ITR 518\u00a0 \u00a0(2023) 290 Taxman 19 \u00a0\u00a0(SC) vide judgment and order dated 12\/10\/2022 has decided the controversy in favour of the department . \u00a0The assessee contended that \u00a0once the matter has attained finality, then based on subsequent judgment of a Higher Court, cannot be the ground to recall or to review the order within the scope and ambit of Section 254(2). \u00a0The Honourable Tribunal after referring the Judgement of the Apex Court in \u00a0CIT v. Reliance Telecom Ltd. (2022) 440 ITR 1 (SC) \u00a0powers u\/s. 254(2) of the Income Tax are akin to Order XLVII Rule 1 CPC, then it cannot be held that scope of power u\/s.254(2) is beyond and much larger than scope of review as given in the Order XLVII Rule 1 of CPC. In fact, the scope of Section 254(2) is much limited and the scope of review is much wider. Accordingly, in view of the law laid down by the Hon\u2019ble Constitutional Bench of the Hon\u2019ble Supreme Court and several other judgments of Hon\u2019ble Supreme Court \u00a0held that order of the Tribunal cannot be recalled based on the subsequent judgment of the Hon\u2019ble Supreme Court when the order of the Tribunal had attained finality between the parties. Accordingly the \u00a0the Miscellaneous Application filed by the department is dismissed. \u00a0( MA No.167\/MUM\/2023 (Arising out of ITANo.1634\/Mum\/2021) dt.29-5 -2024 ) (AY.2019-20)<\/p>\n
The Revenue filed the miscellaneous application \u00a0on the ground that the issue of claim of deduction of the amount deposited on account of employees\u2019 contribution to PF and ESIC after due dates specified in PF \/ESIC Acts, but before the due date filing of return as prescribed in Section 139(1) of the Act is not allowable, in view of the subsequent judgment of the Hon\u2019ble Supreme Court in the case of Checkmate Services P Ltd. v. \u00a0CIT (2022 ) 143 Taxmann.com 178\/ 448 ITR 518\u00a0 \u00a0(2023) 290 Taxman 19 \u00a0\u00a0(SC) vide judgment and order dated 12\/10\/2022 has decided the controversy in favour of the department . \u00a0The assessee contended that \u00a0once the matter has attained finality, then based on subsequent judgment of a Higher Court, cannot be the ground to recall or to review the order within the scope and ambit of Section 254(2). \u00a0The Honourable Tribunal after referring the Judgement of the Apex Court in \u00a0CIT v. Reliance Telecom Ltd. (2022) 440 ITR 1 (SC) \u00a0powers u\/s. 254(2) of the Income Tax are akin to Order XLVII Rule 1 CPC, then it cannot be held that scope of power u\/s.254(2) is beyond and much larger than scope of review as given in the Order XLVII Rule 1 of CPC. In fact, the scope of Section 254(2) is much limited and the scope of review is much wider. Accordingly, in view of the law laid down by the Hon\u2019ble Constitutional Bench of the Hon\u2019ble Supreme Court and several other judgments of Hon\u2019ble Supreme Court \u00a0held that order of the Tribunal cannot be recalled based on the subsequent judgment of the Hon\u2019ble Supreme Court when the order of the Tribunal had attained finality between the parties. Accordingly the \u00a0the Miscellaneous Application filed by the department is dismissed. \u00a0( MA No.167\/MUM\/2023 (Arising out of ITANo.1634\/Mum\/2021) dt.29-5 -2024 ) (AY.2019-20)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record \u2013Deduction of the amount deposited on account of employees\u2019 contribution to PF and ESIC after due dates specified in PF \/ESIC Acts, but before the due date filing of return as prescribed in Section 139(1) of the Act- Tribunal allowed the deduction relying on the judgement of Jurisdictional – Rectification application of the Revenue is dismissed . [ S.36(1)(va), 43B , 139(1), 254(1) ] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-43826","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-boS","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/43826","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=43826"}],"version-history":[{"count":2,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/43826\/revisions"}],"predecessor-version":[{"id":49476,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/43826\/revisions\/49476"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=43826"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=43826"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=43826"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}