Facts of the Case
The Revenue preferred appeals before the Delhi High Court
under Section 260A challenging the order dated 12 January 2016 passed by the
Income Tax Appellate Tribunal in relation to Assessment Years 1996-97 and
1997-98.
Earlier, the ITAT by order dated 6 February 2009 had allowed
the Revenue’s appeals and partly allowed the cross-objections filed by the
assessee. Subsequently, the assessee filed Miscellaneous Applications under
Section 254(2) seeking rectification/recall of the said order.
The ITAT allowed the Miscellaneous Applications by order dated
24 April 2009 and recalled its earlier order dated 6 February 2009, restoring
the appeals and cross-objections for fresh hearing.
After rehearing, the ITAT passed a fresh order, which became
the subject matter of challenge by the Revenue before the High Court.
Issues Involved
- Whether
the ITAT was justified in exercising its powers under Section 254(2) to
recall its earlier order?
- Whether
the Revenue could challenge the legality of the ITAT’s recall order
indirectly in appeal under Section 260A after failing to challenge the
recall order directly?
- Whether
an order under Section 254(2), once unchallenged, attains finality and
bars reopening of that issue?
Petitioner’s Arguments (Revenue’s Arguments)
- The
Revenue contended that the ITAT exceeded its jurisdiction under Section
254(2) by reviewing its earlier order dated 6 February 2009.
- It
was argued that Section 254(2) only permits rectification of mistakes
apparent from the record and does not empower substantive review of an
order.
- Therefore,
the subsequent recall and rehearing were argued to be beyond statutory
jurisdiction.
Respondent’s Arguments (Assessee’s Arguments)
- The
assessee relied upon the fact that the recall order dated 24 April 2009
had attained finality because it was never challenged by the Revenue.
- It
was argued that once the recall order had become final, the Revenue could
not subsequently question its legality after participating in the restored
proceedings.
- The
assessee maintained that the impugned fresh order was validly passed after
restoration.
Court Findings / Court Order
The Delhi High Court dismissed the Revenue’s appeals and held
that:
- The
order dated 24 April 2009 passed under Section 254(2), whereby the ITAT
recalled its earlier order, was never challenged by the Revenue.
- Since
the recall order remained unchallenged, it attained finality.
- Once
the restored appeals and cross-objections were reheard and disposed of
afresh, the Revenue could not reopen the issue relating to the validity of
the recall order in a later appeal.
- Consequently,
the question sought to be raised by the Revenue did not survive for
adjudication.
Sections Involved
- Section
254(2), Income Tax Act, 1961 – Rectification of mistake
apparent from the record by ITAT
- Section
260A, Income Tax Act, 1961 – Appeal to High Court
against orders of ITAT
Important Clarification
This judgment clarifies that:
- An
order passed under Section 254(2), if not challenged at the appropriate
stage, becomes final and binding.
- A
party cannot indirectly challenge a recall order in subsequent appellate
proceedings after acquiescing in the restored proceedings.
- Procedural
finality is an essential principle in tax litigation.
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2017:DHC:8924-DB/SMD25072017ITA5712016_155851.pdf
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