2019 (11) TMI 1673 - AT - Income Tax

Rectification of mistake - ground relating to charging of interest u/s 234B of the Act is not adjudicated - HELD THAT - We noticed from the Tribunal orde 2019 (7) TMI 1857 - ITAT MUMBAI that the above grounds are not adjudicated in the respective appeals. Hence we recall the order qua ground No. 5 in AYs 2012-13 2013-14 and ground No. 6 in 2014-15. We direct the registry to fix these appeals for hearing on 12.12.2019. MAs of the assessee are allowed.

Summary

Issues involved:
Non-adjudication of grounds related to charging of interest under section 234B of the Income Tax Act in AYs 2012-13, 2013-14, and 2014-15.

Analysis:

In the judgment delivered by the Appellate Tribunal ITAT Mumbai, the assessee filed three Misc. Applications requesting that ground No. 5 in AYs 2012-13 and 2013-14, and ground No. 6 in AY 2014-15, concerning the charging of interest under section 234B of the Income Tax Act, should not be adjudicated. The grounds in question challenged the applicability of section 234B of the Act to the appellant's case. The Tribunal noted that these grounds were not adjudicated in the previous order dated 24.07.19. Consequently, the Tribunal decided to recall the order with respect to ground No. 5 in AYs 2012-13 and 2013-14, as well as ground No. 6 in AY 2014-15. The Tribunal directed the registry to schedule these appeals for a hearing on 12.12.2019. Ultimately, the Tribunal allowed the Misc. Applications of the assessee, indicating a favorable outcome for the appellant in this matter. The order was pronounced in the open court on 15-11-2019.

This judgment primarily addresses the issue of non-adjudication of grounds concerning the charging of interest under section 234B of the Income Tax Act in the specified assessment years. The appellant contended that the provisions of section 234B were not applicable to their case, challenging the decisions of the CIT(A). The Tribunal's decision to recall the order and allow the assessee's Misc. Applications signifies a procedural victory for the appellant, granting them the opportunity to have these grounds reconsidered and potentially re-evaluated in light of their arguments. The Tribunal's directive to schedule a hearing indicates a forthcoming review of the grounds related to the applicability of section 234B, offering the appellant a chance to present their case and seek a favorable outcome. This judgment showcases the importance of due process and the right to have all relevant grounds considered and addressed in a fair and impartial manner within the legal framework of tax assessment and appeals.