TMI Blog2019 (12) TMI 300X X X X Extracts X X X X X X X X Extracts X X X X ..... is to rectify any mistake in its own order which is apparent from the record. In the present case after examining the record, the Tribunal came to the conclusion that it was not possible to decide the additional ground without there being any relevant material evidence on record. The Tribunal cannot exercise its power of rectification taking into consideration any other circumstances which would support or not support its conclusion so arrived at - The power of rectification U/s 254(2) of the Act can be exercised only when the mistake which is sought to be rectified as an obvious and patent mistake which is apparent on record and not a mistake requires to be on record. Failure by the Tribunal to consider an argument advanced by eithe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Zuari Leasing Finance Ltd. reported in 112 ITD 0205 wherein it is noted that a question arose whether remanding the matter is necessary when relevant evidence is on record. While deciding the said question, the Third Member held that it was not necessary to remand the matter when all relevant material to decide the matter is available on record, while coming to such conclusion, the Hon ble Third Member placed reliance in the case of M.G.Sahani Co. reported in 73 ELT 3 (SC). On perusal of the said decision of Hon ble Supreme Court in the case of M.G.Sahani (supra) wherein it is noted that Hon ble Supreme Court held that the Tribunal has adopted an easy course of remanding the matter to Collector when it could have decided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al has power to remand the case for further investigation when there is no basic facts appear in the order of lower authorities. In the present case as discussed above, the assessee remained absent in the assessment proceedings and thereby the AO completed assessment U/s 144 of the Act. Further, there was no ground raised before the CIT(A) challenging the assessments completed by TRO and the facts empowering the said TRO to complete assessment not at all on record even before us. Thus, the finding in the case of United Commercial Bank (supra) is not helpful to the case on hand. 7. Further, he referred to, in the case of Maharani Kanak Kumari Sahiba reported in 328 ITR 468 (Patna), the Hon ble High Court of Patna held that the rema ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of Hon ble third Member are not helpful to the contentions raised by the Ld.AR. 9. Further in the case of Coca Cola India Pvt.Ltd. reported in 290 ITR 464 held that the Tribunal U/s 254(1) of the Act requires to give both the parties an opportunity of being heard and pass such orders on the appeals. Further, the Hon ble High Court of Bombay opined the expression pass such orders thereon as it thinks fit though wide enough to include the power of remand, such power can be exercised only if it is necessary to decide the issues which are subject matter of the appeal. In the present case, there were no basic facts relating to additional ground raised by the assessee from both the lower authorities. As discussed above, this is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid down by the Hon ble High Court of Bombay is not applicable. 11. Further, Sri Surana placed reliance in the case of G.E. India Technology Centre Pvt.Ltd. of Hon ble High Court of Karnataka, it is noted that the Tribunal remanded the matter to the AO to re-examine the matter in the light of certain judgements as relied upon by the assessee in support of its case. The contentions of the assessee before the Hon ble Court that there is no need to remand to the AO as the Tribunal has to decide the issue. The Hon ble High Court of Karnataka held taking into consideration the concession advanced by the Ld.DR remanded the matter to the file of Tribunal instead of AO. We find the Hon ble High Court of Karnataka having satisfied that eve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the same, the Tribunal should proceed to adjudicate the same. In the present case as discussed above, no such evidence relating to such legal ground was not before the Tribunal nor before the CIT(A). Further, it is noted that the issue involved in the main appeal before us questioning the action of the CIT(A) in dismissing grounds of appeal ex-parte of assessee. As discussed above, the AO completed the assessment to the best of his judgement U/s 144 of the Act by adding an amount of ₹ 7,12,00,000/- on account of share capital by treating the same as unexplained income. 13. The sub-Section (2) of Section 254 of the Act provides jurisdiction to Tribunal to rectify any mistake apparent in the record, amend any order passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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