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Issues:
Rectification of order passed by the Tribunal in ITA No. 2120/Jp/95 regarding deductions on account of depreciation, interest to third parties, and interest paid to partners resulting in assessed income falling below the income returned by the assessee. Analysis: The Revenue filed a miscellaneous application seeking rectification of the Tribunal's order in ITA No. 2120/Jp/95, contending that the assessed income of the assessee, after applying deductions directed by the Tribunal, resulted in a loss of Rs. 2,66,678, contrary to the positive income of Rs. 2,10,110 returned by the assessee. The Departmental Representative argued that the assessed income cannot be lower than the returned income, highlighting an apparent mistake in the Tribunal's order. The counsel for the assessee opposed the application, stating that the Assessing Officer could restrict the assessed income to the returned income without the need for rectification. However, the counsel agreed to restricting the assessed income to the returned income. Upon review, the Tribunal noted that in cases of contractors, where deductions are allowed separately, the assessed income sometimes falls below the income returned by the assessee. Referring to a decision of the Hon'ble Rajasthan High Court, the Tribunal observed that specific directions were usually given to restrict the assessed income to the returned income in such cases. The Tribunal acknowledged the absence of such a direction in the order under consideration, deeming it a mistake apparent from the record. Citing the principle established by the Hon'ble Supreme Court in a previous case, the Tribunal concluded that the mistake should be rectified under section 254(2) to give necessary consequential effects to its order. Consequently, the Tribunal modified its order to include a specific direction that if the assessed income falls below the returned income after applying the order, the Assessing Officer must restrict it to the income returned by the assessee. The miscellaneous application of the Revenue seeking rectification was allowed, ensuring proper implementation of the Tribunal's order and avoiding discrepancies between the assessed and returned income.
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