High Court Of Rajasthan : Jaipur Bench
CIT vs. Rajasthan State Electricity Board
Section 256(2)
Asst. Year 1983-84
Y.R. Meena & A.C. Goyal, JJ.
IT Ref. Appln. No. 13 of 1998
30th January, 2002
Counsel Appeared
Anuroop Singhi for J.K. Singhi, for the Applicant : N.M. Ranka, for the Respondent
JUDGMENT
BY THE COURT :
Heard learned counsel for the parties.
2. Mr. Ranka brought to our notice the facts from the record that statutory bonus to the tune of Rs. 21,77,807 was claimed by the assessee even before AO. Mr. Ranka further submits that in fact Rs. 43,37,666 includes the bonus amount figure of Rs. 21,77,807 and that was disallowed. Even CIT (A) has not considered the submissions and disallowed the appeal on the ground that assessee could not explain the claim regarding bonus amount, so it is a case of the Tribunal.
In the miscellaneous application filed by the assessee before the Tribunal, the assessee has categorically pointed out these facts and after considering the submissions, the Tribunal held that the bonus amount as statutory bonus is allowable and if that has not been allowed, that is apparent mistake on record and that can be corrected under s. 254(2) of the IT Act, 1961. The facts are that the claim was made even not only before AO but before CIT(A) the Tribunal also. This fact has not been disputed by the learned counsel for the Revenue. Considering the submissions and claim of statutory bonus, which has not been allowed though claimed by the assessee, is an apparent mistake on record and that can be corrected under s. 254 (2) of the IT Act, 1961. Consequently no question arises for reference to this Court by the Tribunal. The application filed under s. 256(2) hence rejected.
[Citation : 259 ITR 341]
