2014 (3) TMI 1144 - AT - Income Tax

Rectifaction u/s.254(2) - Tribunal not considered the additional grounds of appeal filed by the assessee - Mistake apperent from record - HELD THAT - Tribunal had not considered the additional grounds of appeal filed by the assessee.Thus, there is mistake apparent form the record that has to be rectified. Accordingly, we fix the matter for hearing 06.03.2014 by the regular bench,so that the additional grounds raised by the assessee can be decided.As both the parties have been informed about the next date of hearing,so no separate notice of hearing will be issued. Miscellaneous Application filed by the assessee-bank stands allowed.

Summary

Issues: Rectification of apparent mistakes in the record regarding additional grounds of appeal not considered by the Tribunal.

Issue 1: Rectification of Mistakes in the Record
The Appellate Tribunal received a Miscellaneous Application from the assessee bank stating that certain mistakes were apparent from the record and should be rectified under section 254(2) of the Act. The bank highlighted that the Tribunal had partly allowed the appeal for a specific year but had not adjudicated upon an additional ground of appeal filed by the bank. The Tribunal acknowledged the additional grounds raised by the assessee were not considered while deciding the appeal, indicating a mistake in the record that needed rectification. Consequently, the Tribunal scheduled a hearing to address the additional grounds raised by the assessee, allowing the Miscellaneous Application filed by the assessee bank.

Conclusion
The judgment by the Appellate Tribunal focused on rectifying apparent mistakes in the record regarding additional grounds of appeal that were not considered during the initial appeal process. The Tribunal acknowledged the oversight and scheduled a hearing to address the additional grounds raised by the assessee, ultimately allowing the Miscellaneous Application filed by the bank.