KASHMIR FABRIC INDUSTRIES Vs. INCOME TAX APPELLATE TRIBUNAL

JUDGEMENT

(1.) Heard Mr. Z.A. Shah, senior counsel assisted with Mr A. Hanan, learned counsel for the petitioner and Mr. J.A. Kawoosa, senior counsel assisted with Mr Aatir Javed, learned counsel for the respondents.

(2.) The petitioner M/s Kashmir Fabric Industries through its proprietor has preferred this petition under Art. 226 of the Constitution of India so as to challenge the judgment and order of the Income Tax Appellate Tribunal dtd. 30/12/2008 in respect to the assessment year 2005-2006 and the subsequent order dtd. 24/4/2009 again passed by the Tribunal rejecting the application of the petitioner for rectifying the earlier order.

(3.) Briefly stated the assessing authority for the relevant year vide assessment order dtd. 28/12/2007 denied benefit under Sec. 80IB of the Income Tax Act as the petitioner could not produce evidence regarding consumption of electricity to establish actual production. The appeal against the said order was dismissed on 20/6/2008 by the Commissioner of Income Tax (Appeals) and so was the further appeal by the tribunal by the impugned order. The petitioner filed application under Sec. 254(2) of the Income Tax Act for the rectification of the order of the tribunal on the ground that the tribunal has failed to consider the certificate of payment of electricity dues for the year 2004- 2005 (relevant for the assessment year 2005-2006) to establish the electricity consumption to prove production. The said application was also rejected as the tribunal opining that in the garb of rectification, the petitioner is seeking review of the order dtd. 30/12/2008 which is not permissible in law.