TMI Blog2015 (1) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... s Application is that the Commissioner in AY 2005-06 has not decided the ground on merits but directed the AO to redo the assessment after giving sufficient opportunity of being heard to the Assessee - However, in the AY 2006-07, the CIT has decided the ground on merits - Hence, this part of the Tribunal's order is vitiated by an error of law apparent on the face of the record. If the Tribunal was required to devote so much time for assigning reasons in more than five paragraphs in a lengthy eight page order on the Miscellaneous Application so as to correct an obvious mistake by exercising powers u/s 254(2) of the IT Act, then, interest of justice would have been sub-served and better had the Tribunal revived the entire Appeal and no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der on the Miscellaneous Application and therefore, Mr. Jasani had sought time to take instructions as to whether the State Bank of India is ready and willing for disposal of the present Appeal in the light of the order passed by the Tribunal subsequently and on the above Miscellaneous Application. 4) However, Mr. Jasani submits that by the order dated 4th June, 2014, what the Tribunal has done is to revive the Income Tax Appeal No. 3145 of 2009 for hearing afresh on merits in relation to withdrawal of deduction under section 36(1)(viia) of the IT Act. That is in relation to the provisions on standard assets. Meaning thereby, the Tribunal has not allowed the SBI, the Assessee before us, to argue the revived Appeal on all points and groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... invited to para 3 of its earlier order dated 6th June, 2012, from which, this Miscellaneous Application arose. The Tribunal has merely followed its order for the preceding assessment year 2005-06 and upheld the order passed by the Commissioner of Income Tax, which is the complaint. However, what the Tribunal was called upon to consider in the Miscellaneous Application is that the Commissioner in assessment year 2005-06 has not decided the ground on merits but directed the Assessing Officer to redo the assessment after giving sufficient opportunity of being heard to the Assessee. However, in the assessment year 2006-07, the Commissioner of Income Tax has decided the ground on merits. Hence, this part of the Tribunal's order is vitiated b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Appeal only for the purpose of raising the ground of withdrawal of deduction under section 36(1)(viia) of the IT Act. 9) We are not happy in the manner in which the Tribunal has decided the Miscellaneous Application. If the Tribunal was required to devote so much time for assigning reasons in more than five paragraphs in a lengthy eight page order on the Miscellaneous Application so as to correct an obvious mistake by exercising powers under section 254(2) of the IT Act, then, interest of justice would have been sub-served and better had the Tribunal revived the entire Appeal and not partially. It may be that the Tribunal does not find sufficient ground to uphold the objection raised by the Assessee to the exercise of powers unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder passed on the Miscellaneous Application and direct that the Appeal shall now be heard on its own merits and in accordance with law, permitting the Assessee to raise all grounds that are to be found in the Memo of Appeal. The Tribunal shall apply its mind afresh to the contentions raised by both sides and uninfluenced by its prior observations and conclusions and dispose of the Appeal on its own merits and in accordance with law. This direction issued by us in the exercise of our further appellate and inherent powers should serve as a reminder to the Tribunal that the matters of vital importance affecting the interest of public should not be disposed of in a light hearted or casual manner. The record must be perused in its entirety and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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