2023 (9) TMI 1480 - AT - Income Tax

Rectification of mistake - Validity of order passed by the Tribunal regarding condonation of delay in filing cross objection - Tribunal while disposing its CO had dismissed the same for the reason that though the same was barred by limitation but no application seeking condonation of delay therein involved was filed by the assessee-cross objector - HELD THAT - As stated by the Ld. AR, and rightly so, we find on a perusal of the record that the assessee company had along with its cross-objection filed an application seeking condonation of delay, which was further supported by an affidavit . As the observation of the Tribunal while disposing off the aforesaid application that the cross-objection filed by the assessee company was not accompanied with any application seeking condonation of delay involved in filing of the same suffers from an inadvertent mistake and is found to be factually incorrect, therefore, the same as pointed out by the Ld. AR suffers from mistake apparent from record rendering the same amenable for rectification under sub-section (2) of Section 254 of the Act. We, thus, in terms of our aforesaid observations, recall the order passed by the Tribunal in 2023 (3) TMI 1495 - ITAT RAIPUR - The registry is directed to fix the matter on 11.10.2023. As the date of hearing of the cross-objection was pronounced in open court, therefore, issuance of a separate notice is being dispensed with.

Summary

Issues involved: Rectification of mistake in the order passed by the Tribunal regarding condonation of delay in filing cross objection.

Summary:
The Appellate Tribunal ITAT Raipur, comprising of Shri Ravish Sood, Judicial Member, and Shri Arun Khodpia, Accountant Member, addressed a miscellaneous application filed by the assessee challenging the order passed in CO No.03/RPR/2022 arising from ITA No.230/RPR/2019. The assessee claimed that the Tribunal dismissed the application due to a perceived lack of condonation of delay, which the assessee argued was incorrect as they had submitted the condonation application along with the cross objection. The Authorized Representative for the assessee contended that the omission of considering the condonation application by the Tribunal was a mistake apparent from the record, making it eligible for rectification under Section 254(2) of the Act. The Departmental Representative did not contest this claim. After hearing both parties and reviewing the records, the Tribunal found that the observation made by the Tribunal regarding the absence of a condonation application with the cross objection was factually incorrect. Consequently, the Tribunal recalled the order in CO No.03/RPR/2022 and scheduled a new hearing date without the need for a separate notice. The miscellaneous application filed by the assessee was allowed based on these findings. The order was pronounced in open court on September 6th, 2023.