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2019 (12) TMI 1359 - AT - Income TaxRectification of assessment - tribunal while adjudicating the appeal filed by the assessee has failed to consider grounds which challenges initiation of reassessment proceedings u/s 147 on the erroneous presumption that the assessee has not pressed grounds relating to initiation of reassessment proceedings u/s 147 - HELD THAT:- Fact remains that it is a settled position of law, once there is a specific ground in an appeal, the same needs to be adjudicated irrespective of the fact that whether, said ground is pressed or not . Therefore, we are of the considered view that insofar as, grounds No.1 to 3 of assessee appeal regarding initiation reassessment proceedings u/s. 147. There is an error in the order of the Tribunal in not adjudicating specific ground taken by the assesee, which constitute mistake apparent on record, which can be rectified u/s 254(2) . Disallowance of interest and commission paid on loans - no specific adjudication on those grounds in the order of the Tribunal - HELD THAT:- AsseSsee has taken specific grounds challenging additions made by the Ld. AO towards disallowance of consequent interest paid on unsecured loans u/s 68 and related commission expenditure incurred in relation to said unsecured loans, but the Tribunal has by inadvertent mistake omitted to consider and adjudicates those grounds. Further, the issue of addition towards unsecured loans, consequnet interest paid on said loan and related commission and brokerage expenses are interrelated and interconnected, because the findings of one ground may have bearing on the other ground and hence all grounds needs to be considered together. If, one ground is considered and other ground is not adjudicated, then certainly it constitutes a mistake on face of the order - non consideration of specific ground taken by the assessee constitutes a mistake apparent on record, which can be rectified u/s 254(2) - MP of assessee allowed.
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