2023 (3) TMI 1421 - AT - Income Tax

Rectification u/s 254 - while passing the consolidated order for various assessment years including Assessment Year 2004-05 in question the Tribunal has omitted to adjudicate the grounds raised in 2019 (12) TMI 1221 - ITAT DELHI filed by the Revenue a HELD THAT - DR for the Revenue does not offer any comment on the error of non-adjudication pointed out on behalf of the assessee. In the light of the submissions made and on appraisal of the appellate order we find merit in the plea of the assessee. Hence the Misc. Application is allowed.

Summary

Issues involved:
The judgment concerns rectification under Section 254(2) for Assessment Year 2004-05 based on the appellate order of ITAT in 5640/Del/2011 & CO No. 51/Del/2012.

Rectification under Section 254(2):
The counsel for the assessee pointed out that the Tribunal had omitted to adjudicate the grounds raised in ITA No. 5640/Del/2011 filed by the Revenue and Cross Objection No. 51/Del/2012 filed by the assessee. The Tribunal inadvertently missed providing any directions on the grounds of objections raised for Assessment Year 2004-05, leaving the Revenue Appeal and Cross Objection unadjudicated. The Revenue did not offer any comment on this error. Upon appraisal of the appellate order, it was found that there was merit in the plea of the assessee, and thus, the Misc. Application was allowed. Consequently, ITA No. 5640/Del/2011 and CO No. 51/Del/2012 were listed for regular hearing for adjudication of these appeals.

Conclusion:
Both the captioned Misc. Applications were allowed, and the order was pronounced in the open Court on 24/03/2023.