2018 (9) TMI 2046 - AT - Income Tax

Rectification of mistake - Tribunal has failed to adjudicate grounds of appeal No.4 5 and has erroneously mentioned grounds 2 to 5 as having been disposed off - HELD THAT - From the discussion in para 3 of the order it is clear that the mistake that crept into the Tribunal order for Assessment Year 2012-13, in the case on hand, was that grounds 4 5, have not been adjudicated by the tribunal. We recall the impugned order of the Tribunal in the case on hand for Assessment Year 2012-13 for the limited extent of adjudication of grounds 4 5 (supra) raised before the Tribunal as they were not adjudicated therein.

Summary

Issues:
Failure to adjudicate grounds of appeal No. 4 & 5 in the impugned order.

Analysis:
The Appellate Tribunal, ITAT Bangalore, addressed a Miscellaneous Petition raised by the Revenue concerning the Tribunal's Order in ITA No. 1223/Bang/2017 for Assessment Year 2012-13. The Revenue contended that the Tribunal failed to adjudicate grounds of appeal No. 4 & 5 and erroneously mentioned grounds 2 to 5 as disposed of, when only grounds 2 & 3 were actually adjudicated. Upon hearing both parties and reviewing the order, the Tribunal acknowledged an error in its order where it incorrectly stated that grounds 2 to 5 were dismissed. The Tribunal clarified that only grounds 2 & 3 had been addressed, citing a decision of the Hon'ble Delhi High Court regarding liabilities in the Balance Sheet and the application of Sec. 41(1) of the Act. The Tribunal rectified the mistake and dismissed grounds 2 & 3 of the Revenue's appeal.

Further, the Tribunal recognized that grounds 4 & 5, concerning advances received against sales/services and the cessation of business operations by the assessee, were not adjudicated in the initial order. Therefore, the Tribunal decided to recall the impugned order for Assessment Year 2012-13 to specifically address grounds 4 & 5 that were not previously considered. The Registry was directed to schedule a new hearing for the case to address these outstanding grounds. Consequently, the Revenue's Miscellaneous Petition for Assessment Year 2012-13 was allowed, indicating a partial success for the Revenue in having the unaddressed grounds reviewed and considered in a subsequent hearing.

In conclusion, the Tribunal's detailed analysis and rectification of the error in the initial order demonstrate a commitment to ensuring all relevant grounds of appeal are properly addressed and adjudicated. The decision to recall the order for specific adjudication of unaddressed grounds reflects the Tribunal's dedication to upholding procedural fairness and thorough examination of all pertinent issues raised by the parties involved.