PROCTER & GAMBLE HOME PRODUCTS PVT LTD Vs. INCOME TAX APPELLATE TRIBUNAL & OTHERS
LAWS(BOM)-2018-3-335
HIGH COURT OF BOMBAY
Decided on March 09,2018

Procter And Gamble Home Products Pvt Ltd Appellant
VERSUS
Income Tax Appellate Tribunal And Others Respondents

JUDGEMENT

- (1.) At the request of the Counsel for the parties, the Petition is being finally disposed of at the stage of admission.
(2.) This Petition under Article 226 of the Constitution of India, challenges the order dated 28th July, 2017 passed by the Income Tax Appellate Tribunal (the Tribunal). The challenge to the impugned order dated 28th July, 2017 is only to the extent it allows the Revenue's rectification application made under Section 254(2) of the Income Tax Act, 1961 (the Act). The Revenue's above application was allowed to the extent it recalls its order dated 6th June, 2016 of the Tribunal for Assessment Year 2004-05 in respect of rent/ compensation received for letting out business premises is classified under the head 'income from other sources'. There is no challenge before us to the extent the impugned order dated 28th July, 2017 allows the Petitioner's application for rectification made under Section 254(2) of the Act.
(3.) The grievance of the Petitioner is that the impugned order dated 28th July, 2017 to the extent it allows the Revenue's application for rectification, is without jurisdiction. This is so as it amounts to review of its order dated 6th June, 2016 which had been passed in an appeal for Assessment Year 2004-05 after due consideration of the very issue. In any case, the issue raised is a debatable issue. Therefore, outside the scope of rectification under Section 254(2) of the Act.;


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