Cit vs Indian Framers Fertilizer Co.
2007 Latest Caselaw 859 Del

ORDER

1. The revenue is aggrieved by order dated 28-2-2003 passed by the Income Tax Appellate Tribunal, Delhi Bench-I in ITA No. 1486/Delhi/2004 relevant for the assessment year 1994-95.

2. For the assessment year 1994-95 the assessing officer passed an assessment order on 29-11-1996. Thereafter reassessment proceedings were initiated and the reassessment order was passed on 28-3-2002.

3. For an earlier assessment year, that is, 1993-94, a rectification order was passed on 10-2-2003 whereby the assessing officer withdrew the excessive claim of subsidy and ultimately loss was determined for one of the units of the assessed. Based on this subsequent order, the assessing officer sought to rectify the reassessment order passed on 28-3-2002.

4. The Tribunal was of the view that the rectification order passed on 10-2-2003 was not on record and there was, insofar as the reassessment order dated 28-3-2002 is concerned/no error apparent on the face of the record. A subsequent assessment order in respect of some other year could not be made use of for the purposes of rectifying an reassessment order when that subsequent order was not in even existence.

5. We find no error in the view taken by the Tribunal and we find that since there is no mistake apparent on the face of the record, rectification proceedings under Section 154 of the Income Tax Act, 1961 could not be initiated on the basis of which they were actually initiated. Accordingly, no substantial question of law arises for consideration.

6. Dismissed.