2019 (7) TMI 1746 - AT - Income Tax

Rectification of mistake - HELD THAT - The order is rectified as under At para 8 of the order at the third the AY should be read as 2010-11 instead of AY 2009-10. Para 10 of the order is replaced as under We notice that AY 2011-12 was pending assessment u/s 143(3) and therefore it is abated. With regard to AY 2010-11 it was reopened u/s 153A and this issue was raised for the first time before the AO. With regard to AY 2012-13 2013-14 2014-15 and 2015-16 returns of income for these AYs were filed subsequent to search conducted on 22/02/2012. Since facts in these AYs are similar to AY 2010-11 following the decision in AY 2010-11 (supra) we dismiss all the appeals filed by the revenue for the AYs under consideration. MAs filed by the assessee are allowed.

Summary

Issues:
Rectification/modification of the order of the Tribunal dated 15/02/2019 in ITA Nos. 607/Hyd/2016 and others.

Analysis:
The Miscellaneous Applications were filed by the assessee under section 254(2) of the Income Tax Act seeking rectification/modification of the Tribunal's order. The assessee pointed out errors in the order, specifically regarding the assessment years mentioned. The assessee requested rectification of the reference to AY 2009-10 to be corrected to AY 2010-11, as there was no appeal for AY 2009-10. Additionally, the assessee highlighted that paragraph 10 of the order needed rectification as not all assessment years abated, only pending proceedings abated.

Regarding the specific assessment years, it was clarified that for Asst. Year 2010-11, the original assessment was completed under section 143(3) before the search operation, and the claim for deduction was made later. Therefore, AY 2010-11 did not abate as it was not pending during the search. For Asst. Year 2011-12, the assessment was pending as the notice under section 143(2) had not expired at the time of search. As for Asst. Years 2012-13, 2013-14, 2014-15, and 2015-16, the returns of income were filed after the search, similar to AY 2010-11, and following the decision in AY 2010-11, all appeals filed by the revenue for these years were dismissed.

After considering the submissions and perusing the material on record, the Tribunal rectified the order by correcting the assessment year references as requested by the assessee. The Tribunal replaced paragraph 10 of the order to reflect the correct status of abatement for different assessment years. The Tribunal allowed the Miscellaneous Applications filed by the assessee, and the rest of the order remained unchanged. The rectified order was pronounced in the open court on 12th July 2019.