AI Structured Summary
Not yet generated for this judgment
Judgment
The following common question has been proposed for the admission of these appeals:
Whether the Appellate Tribunal was right in law and on facts in rejecting the miscellaneous application which was preferred by the Revenue on the ground that no approval u/s 10(15)(iv)(c) of the Act was communicated to the Assessing Officer ?
The basic issue raised is whether the assessee is entitled for exemption u/s 10(15)(iv)(c) of the Act.
The appeal of the Revenue was dismissed. Thereafter, miscellaneous application was moved claiming that no approval was taken for allowing the exemption to the assessee u/s 10(15)(iv)(c) of the Act. The Tribunal has rejected that miscellaneous application holding that there is no apparent mistake. The relevant part of the order reads as under:
These miscellaneous applications have been filed by the Revenue on the ground that the Tribunal has given a finding that the Department''s appeal has been dismissed on the ground that the assessee has paid interest u/s 10(15)(iv)(c) and necessary approval from the concerned authority, i.e., from the Government of India, Ministry of Finance, Department of Revenue, as required u/s 10(15)(iv)(c) of the Act. But no such approval has been communicated to the Assessing Officer as is the practice to send a copy of it to the Assessing Officer. Therefore, the finding of the Income Tax Appellate Tribunal that the assessee has the obtained the approval requires reconsideration and the order passed, vide paragraph 5 in this context requires suitable modification.
Having heard the learned Departmental representative and perusing the record, we find the Income Tax Appellate Tribunal has given its finding on the facts and there is no mistake in the order of the Tribunal. However, we observe that if the approval was not received by the Assessing Officer as stated in the miscellaneous application, it cannot be a ground for rectification of the order of the Income Tax Appellate Tribunal. In such event, i.e., non-receipt of a copy of the approval by the Assessing Officer, we may suggest the Assessing Officer to take appropriate steps in that regard instead of approaching the Tribunal for rectification of order in the manner as suggested and requested in the miscellaneous application.
The learned Counsel for the Revenue has failed to show us whether any argument was taken by the Departmental representative at the time of hearing of appeal that no approval was taken as required u/s 10(15)(iv)(c) of the Act for exemption. When that fact is not on record, it cannot be said that there is apparent mistake. We see no merit in these appeals. The appeals stand dismissed.