2020 (1) TMI 1417 - AT - Income Tax

Rectification of mistake - rental income for alternate accommodation remained enhancement - HELD THAT - From Misc. application filed by the assessee found that grounds No. 5 and 6 raised by the assessee with regard to enhancing the assessment by the ld. CIT(A) on account of rental income for alternate accommodation remained to be decided while passing the order, this amounts to mistake apparent from the record. Accordingly, we recall the order of the Tribunal dated 12/03/2019 to the limited extent of deciding grounds No. 5 and 6 regarding enhancement of assessment on account of rental income for alternate accommodation of ₹ 2,60,000/-.Misc. application of the assessee is allowed.

Summary

Issues:
Rectification of apparent mistake in the Tribunal's order regarding specific grounds of appeal related to enhancing assessment on rental income for alternate accommodation.

Analysis:
The judgment pertains to a Misc. application filed by the assessee seeking rectification of an alleged mistake in the Tribunal's order dated 12/03/2019 for A.Y. 2010-11. The application highlighted that grounds No. 5 and 6 of the appeal, concerning the enhancement of assessment by the ld. CIT(A) on account of rental income for alternate accommodation of ?2,60,000, were not decided in the original order. The Tribunal acknowledged the oversight and deemed it as a mistake apparent from the record. Consequently, the Tribunal recalled its order to specifically address and decide grounds No. 5 and 6 related to the enhancement of assessment on rental income for alternate accommodation.

The Tribunal carefully reviewed both the original order and the contents of the Misc. application filed by the assessee. It was observed that the specific grounds regarding the enhancement of assessment on account of rental income for alternate accommodation of ?2,60,000 were inadvertently left undecided in the initial order. Recognizing this as a clear mistake apparent from the record, the Tribunal decided to rectify the error by recalling its previous order dated 12/03/2019. By allowing the assessee's Misc. application, the Tribunal ensured that the overlooked grounds of appeal were properly addressed and decided upon, thereby rectifying the omission in the original order.

In conclusion, the Tribunal granted the assessee's Misc. application, thereby rectifying the mistake in the order by recalling it to the limited extent necessary to decide the specific grounds related to the enhancement of assessment on rental income for alternate accommodation. This decision exemplifies the Tribunal's commitment to ensuring that all grounds of appeal are duly considered and addressed in a fair and just manner, reflecting the principles of natural justice and procedural correctness in the adjudication of tax matters.