2018 (9) TMI 2080 - AT - Income Tax

Rectification of mistake - Tribunal has inadvertently mentioned assessment year as 2009-10 in the cause title against the correct assessment year is 2012-13 - HELD THAT - Having carefully examined the miscellaneous application vis- -vis the order of the Tribunal we find the Tribunal has wrongly mentioned the assessment year against cause title of the order. Therefore we modify the same and we hold that the assessment year 2009-10 is replaced by 2012-13. Ground No. 3.3 raised before the Tribunal relating to entitlement of enhanced deduction under section 10AA of the Act has escaped the attention of the Tribunal while disposing the appeal - So far as non-adjudication of ground No. 3.3 is concerned we find that this ground is left to be adjudicated by the Tribunal. We therefore direct the Registry to refix this appeal for hearing of ground No. 3.3 which is extracted hereunder for the sake of reference. Miscellaneous application filed by the assessee stands allowed and we direct the Registry to fix this appeal for hearing on ground No. 3.3 on 15.10.2018.

Summary

Issues:
1. Incorrect assessment year mentioned in the order of the Tribunal.
2. Ground No. 3.3 regarding entitlement of enhanced deduction under section 10AA not adjudicated by the Tribunal.

Analysis:
1. The appellant filed a miscellaneous application against the Tribunal's order, pointing out the incorrect assessment year mentioned as 2009-10 instead of 2012-13. The appellant's counsel highlighted this mistake during the hearing. The Tribunal acknowledged the error and corrected the assessment year in the cause title to reflect the accurate year as 2012-13. The correction was made accordingly.

2. The appellant also raised concern that ground No. 3.3, related to the entitlement of enhanced deduction under section 10AA of the Act, was not addressed by the Tribunal in the appeal disposal. The Tribunal recognized this oversight and directed the Registry to refix the appeal for the hearing of ground No. 3.3. The specific ground was related to the disallowance of a certain amount pertaining to the Special Economic Zone (SEZ) unit of the Assessee, arguing that the addition made to the Assessee's income should be entitled to enhanced deduction under section 10AA of the Act. The Tribunal allowed the appellant's miscellaneous application and scheduled the appeal for hearing on ground No. 3.3 on a specified date.

In conclusion, the Tribunal rectified the error in mentioning the assessment year and directed the refixing of the appeal for the hearing of ground No. 3.3, ensuring that the issue of enhanced deduction under section 10AA is properly adjudicated. The miscellaneous application filed by the assessee was allowed, and the necessary corrections and directions were made by the Tribunal to address the identified issues effectively.