2012 (12) TMI 1030 - AT - Income Tax

Summary

Issues involved: Rectification of order dated 30-04-2010 by ITAT for AYs 2000-01, 2002-03, 2004-05 & 2005-06 to include AY 2003-04 in the headnote.

Summary:
The Miscellaneous Application (MA) was filed by the assessee seeking rectification of an order dated 30-04-2010 by the ITAT for AYs 2000-01, 2002-03, 2004-05 & 2005-06 to include AY 2003-04 in the headnote. The issue revolved around agricultural income and household drawings. The ld. AR contended that the ITAT had examined the matter in question and common findings were recorded in the impugned order. However, upon examination of the records, it was found that the ITAT did not adjudicate on the issues raised by the assessee for AY 2003-04 in their order dated 30-04-2010. The Revenue appeal for the same assessment year was pending, and cross-appeals are required to be heard simultaneously as per legal precedents. Therefore, the plea of the assessee for rectification was deemed baseless and devoid of merit. The Bench rejected the miscellaneous application.

In conclusion, the ITAT dismissed the Miscellaneous Application seeking rectification of the order dated 30-04-2010 for AYs 2000-01, 2002-03, 2004-05 & 2005-06 to include AY 2003-04 in the headnote, as the issues raised by the assessee were not adjudicated upon and the plea was found to be without merit.