2019 (10) TMI 1349 - AT - Income Tax

Rectification of mistake - assessee in form No. 36, raised as many as 10 grounds but the Tribunal decided only ground Nos. 6, 7 and 8 - HELD THAT - We are of the considered view that ground Nos.1, 9 and 10 of the assessee are general in nature. From the Tribunal order, we also note that in this order under challenge, the Bench has decided only ground Nos. 6, 7 and 8 and has not adjudicated ground Nos. 2, 3, 4 and 5. Hence, respectfully following the proposition rendered in the case of Laxmi Electronic Corporation Ltd. 1990 (11) TMI 111 - ALLAHABAD HIGH COURT and in the case of Mohan Meakin Ltd. 2003 (12) TMI 287 - ITAT DELHI-D as vehemently relied on by learned authorised representative of the assessee, the Tribunal order is recalled for limited purposes i. e. for adjudication of ground Nos. 2, 3, 4 and 5 of the assessee

Summary

Issues involved: Rectification of mistake in Tribunal order under section 254(2) of the Income-tax Act, 1961 for assessment year 2010-2011.

Analysis:
1. The assessee filed a miscellaneous petition seeking rectification of an inadvertent mistake in the Tribunal's order dated October 11, 2017, for the assessment year 2010-2011 under section 254(2) of the Income-tax Act, 1961.

2. The Tribunal considered the submissions from both parties and reviewed the order dated February 11, 2017. It was noted that the authorised representative of the assessee had requested to estimate the net profit at 7% of turnover, differing from the 7.5% confirmed by the Commissioner of Income-tax (Appeals).

3. The main contention raised by the assessee was that while 10 grounds were raised in form No. 36, the Tribunal only addressed ground Nos. 6, 7, and 8. As a result, the assessee requested the recall of the order for adjudication of the remaining grounds.

4. The Commissioner of Income-tax Departmental representative argued that there was no apparent mistake in the Tribunal's order, and therefore, no rectification was necessary.

5. After thorough consideration of the submissions, the Tribunal observed that ground Nos. 1, 9, and 10 of the assessee were general in nature. The Tribunal also noted that only ground Nos. 6, 7, and 8 were decided upon, leaving ground Nos. 2, 3, 4, and 5 unaddressed. In line with legal precedents, including the decision of the hon'ble Allahabad High Court and the Income-tax Appellate Tribunal Delhi, the Tribunal decided to recall the order for the limited purpose of adjudicating ground Nos. 2, 3, 4, and 5.

6. Consequently, the Tribunal allowed the miscellaneous petition for the specified purposes, and the relevant appeal was scheduled for a hearing before the regular Bench on November 11, 2019, without further notice. The order was pronounced on October 14, 2019.