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2023 (3) TMI 1221 - AT - Income TaxRectification of mistake u/s 154 - non-adjudication upon the legal ground urged - HELD THAT - We agree with the contentions of the Ld. AR. Accordingly we hold that non-adjudication of the legal ground no. 2 is a mistake apparent from record as it goes to the root of the matter. Accordingly we are constrained to recall the impugned order 2021 (9) TMI 640 - ITAT JODHPUR passed by the Tribunal in the hands of the assessee. Misc. Application filed by the assessee is allowed.
Issues: Mistake apparent from record in the order dated 7-09-2021 passed by ITAT in ITA No. 83/Jodh/2020 relating to AY 2013-14.
In this case, the assessee filed a Misc. Application pointing out mistakes in the ITAT order related to AY 2013-14. The counsel for the assessee argued that Ground No. 2, a legal ground, was not adjudicated upon, which, if decided in favor of the assessee, would change the decision. The counsel relied on a Supreme Court case to support the contention that failure to cross-examine a deponent leads to the acceptance of the affidavit's contents. The counsel also highlighted a similar case where the Tribunal had accepted the legal ground and allowed the appeal. The Tribunal agreed with the assessee's arguments, acknowledging that non-adjudication of the legal ground constituted a mistake apparent from the record. Consequently, the Tribunal decided to recall the impugned order and directed the appeal to be posted for hearing. The Misc. Application filed by the assessee was allowed, and the order was pronounced in the open court on 17/01/2023. This judgment emphasizes the importance of adjudicating all grounds raised by the parties, especially legal grounds that go to the root of the matter. It also showcases the significance of citing relevant legal precedents to support arguments before the Tribunal. The decision to recall the order and allow the Misc. Application demonstrates the Tribunal's commitment to ensuring a fair and thorough examination of all issues raised by the parties involved in the appeal.
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