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2019 (12) TMI 302 - AT - Income TaxRectification of mistake - error apparent on the face of record or not - HELD THAT:- The claim of assessee appears to be correct and accordingly, we modify the order of this Tribunal in page 1 thereon, that returned loss should be ₹ 156,34,64,632/- as against returned income wrongly mentioned in the tabulation in the said order. Disallowance made for provision for doubtful debts while computing book profits u/s 115JB of the Act - HELD THAT:- The assessee had made provision for doubtful debts in the sum of ₹ 6.16 Crores and had claimed the same as deduction while computing the book profits u/s 115JB of the Act in the return of income. The ld. AO added the same in the assessment u/s 115JB of the Act. Then, this matter had travelled before this Tribunal, wherein the ld. AR of the assessee had conceded this issue to be decided against the assessee in view of retrospective amendment brought in the section - When the ld. AR admits at the time of hearing that the said ground was not pressed by him in view of the retrospective amendment in the statute and especially the fact of admission by the ld. AR is not in dispute before us, in our considered opinion, the same would only constitute mistake committed by the ld. AR on behalf of the assessee. Hence, it would not fall under the ambit of mistake apparent on record committed by the Tribunal in the order warranting rectification u/s 254(2) of the Act. Hence, the ground raised by the assessee in its miscellaneous application are hereby dismissed. Non-adjudication of provision for warranty u/s 115JB of the Act - HELD THAT:- This issue has not been adjudicated by this Tribunal. Hence, we find the claim of the assessee to be right and we are inclined to recall the order of this Tribunal dated 21/03/2018 for the limited purpose of adjudication of this issue alone i.e. ground No.12 raised by the assessee with regard to addition of provision for warranty vis-à-vis under computation of book profits u/s 115JB of the Act - Registry is directed to re-fix the appeal for the limited purpose of adjudication of Ground No.12 raised thereon. Application allowed in part.
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