2014 (12) TMI 1179 - AT - Income Tax

Rectification of mistake - issue challenging the validity of re-opening of assessment u/s 147 has not been adjudicated by the Tribunal - Held that - Revenue has not disputed the factual matrix brought out by the applicant that the Ground of Appeal raised by the assessee relating to the validity of re-opening of assessment u/s 147 of the Act has not been adjudicated by the Tribunal. In view of the aforesaid, we hereby recall the order of the Tribunal dated 30.03.2012 for the limited purpose of adjudicating the Ground of the assessee relating to the validity of re-opening of assessment u/s 147 of the Act, which had not been adjudicated earlier. For the said purpose, the Registry is directed to post the appeals of the assessee before a regular Bench for hearing qua the issue relating to the validity of re-opening of assessment u/s 147 of the Act. - Decided in favour of assessee

Summary

Issues:
1. Non-adjudication of a ground challenging the validity of re-opening of assessment under section 147 of the Income Tax Act in the order of the Tribunal dated 30.03.2012.

Analysis:

The Appellate Tribunal received a Miscellaneous Application from the assessee regarding the order in ITA Nos.740 to 744/PN/2010 for assessment years 2002-03 to 2006-07. The applicant contended that a mistake apparent from the record under section 254(2) of the Income Tax Act had occurred in the Tribunal's order dated 30.03.2012. The applicant highlighted that a Ground challenging the validity of re-opening of assessment under section 147 of the Act was not addressed by the Tribunal. Additionally, it was mentioned that the matter concerning the deduction claim under section 80-IA of the Act was remanded to the CIT(A) for a fresh decision.

The Departmental Representative for the Revenue did not dispute the applicant's assertion that the Tribunal had not adjudicated the Ground of Appeal related to the validity of re-opening of assessment under section 147 of the Act. In light of this, the Tribunal decided to recall its order dated 30.03.2012 for the specific purpose of addressing the aforementioned ground raised by the assessee. The appeals of the assessee were directed to be presented before a regular Bench for a hearing specifically on the issue of the validity of re-opening of assessment under section 147 of the Act. Consequently, the Miscellaneous Application of the assessee was allowed for this purpose.

The order was pronounced in the open Court on 04th December 2014 by G. S. Pannu, the Accountant Member of the Tribunal.