ANJENAYA IRON & STEEL PVT. LTD.,BANGALORE vs. I.T.O., WARD - 1(1), KOLKATA

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘A’ BENCH AT KOLKATA Before SHRI GEORGE MATHAN, JUDICIAL MEMBER & SHRI RAKESH MISHRA, ACCOUNTANT MEMBER ITA No(s). 449/KOL/2026 Assessment Year(s) 2011-12 Anjenaya Iron & Steel Pvt. Ltd. I.T.O., Ward-1(1), Kolkata C/o. Jain Vinod K & Associates, Aayakar Bhawan, P-7, 41A, A.J.C. Bose Road, Diamond Chowringhee Square, Vs. Prestige Nirman, Suite No.613, Kolkata, West Bengal, 6th Floor, Kolkata, West Bengal, 700069 700017 (Appellant) (Respondent) PAN: AADCR1465J Appearances: Assessee represented by (AR) : Vinod Jain, FCA. Department represented by (DR) : Soumitra Ghosh, Addl. CIT, Sr. DR. Date of concluding the hearing : 19.08.2026 Date of pronouncing the order : 08.09.2026 ORDER PER RAKESH MISHRA, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the order of the Addl/JCIT(A)-8, Mumbai [hereinafter referred to as Ld. ‘Addl/JCIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for AY 2011-12 dated 04.12.2025. 2. The assessee is in appeal before the Tribunal raising the following grounds of appeal:

“Section 154 opens with the words ‘with a view to rectifying any mistake apparent from the record. . . .’ The term ‘record’ is not defined in the section or in the definition section of the Act. For determining the true scope of this provision and the meaning to be properly assigned to the term ‘record’ it is necessary to keep in view the object of the provision and the nature of the power conferred on the authorities under that provision. These are the criteria which the Supreme Court adopted while considering the scope and effect of section 263 and the meaning to be assigned to the word ‘record’ used in that provision. The object with which power is conferred by section 154 is as stated in the marginal heading ‘rectification of mistake’. The principal condition for exercising the power under section 154 is the existence of a mistake in the record. The mistake is not to be a mistake which requires in-depth probing to discover but is a mistake which is ‘apparent’ from the record. The power conferred by this provision is only to enable the authorities to rectify the ‘apparent’ mistakes in the record. The record referred to is the record which the authorities are required to examine for the purpose of rectifying mistakes in the orders mentioned in sub-clauses (a),( b) and (c ) of section 154(1). The section does not either expressly or implicitly require that the authorities

Deputy Registrar ITAT, Kolkata Benches Kolkata