2022 (2) TMI 586 - AT - Income Tax

Rectification of mistake - legality of action of Pr.CIT u/s.263 - main arguments of the ld. AR of the assessee before us that the appeal of the assessee was wrongly dismissed by the Tribunal without considering the grounds raised by the assessee in Form No.36 - HELD THAT - On careful perusal of the order of the Tribunal dated 10.05.2018, observe that the Tribunal has decided the appeal of the assessee on ground No.2 only but ground No.1 of assessee challenging the legality of action u/s.263 of the Act has not been adjudicated therein. However, the ld. AR before us submitted that the ground No.1 raised by the assessee in Form No.36 have not been decided by the Tribunal, which amounts to mistake apparent on record. Ld. CIT-DR did not controvert and also agreed to the above contentions of the ld. AR of the assessee. Considering the submissions of the assessee and looking to the facts and circumstances of the case, we allow the miscellaneous application filed by the assessee and order of the Tribunal dated 10.05.2018 is recalled for limited purpose i.e. for adjudication of ground No.1 of assessee only. The Registry is directed to list this case on 10.03.2022.

Summary

Issues:
1. Tribunal's dismissal of the appeal without considering all grounds raised by the assessee.
2. Allegations of violation of natural justice and failure to consider relevant case laws.
3. Non-adjudication of ground challenging the legality of action under section 263 of the Act.

Issue 1: Tribunal's Dismissal of the Appeal
The assessee filed a miscellaneous application challenging the Tribunal's order dated 10.05.2018, which dismissed the appeal based on only one ground, omitting to consider other grounds raised by the assessee. The application highlighted that the Tribunal's decision was against the principles of natural justice as the appellant was not given an opportunity to address all the grounds. The assessee argued that the Tribunal failed to consider various case laws cited, including those from different High Courts, Supreme Court, and co-ordinate Bench of Tribunal, which was a mistake apparent on record. The assessee contended that the Tribunal should have rectified the order based on the decision of the jurisdictional High Court. The application cited instances where the Tribunal did not address arguments and judgments raised during the hearing, emphasizing the need for a fresh consideration of the arguments and judgments.

Issue 2: Allegations of Violation of Natural Justice
The application raised concerns about the violation of natural justice, citing instances where the Tribunal allegedly did not disclose material adverse to the assessee or consider important arguments made on behalf of the assessee. It argued that the Tribunal failed to consider written notes of submissions and various case laws submitted by the appellant, which were crucial for the case. The application pointed out that the Tribunal's decision to consider only one issue while omitting other important points was a mistake apparent on record. It also highlighted the Tribunal's failure to address the issue of limitation and the impact of the order's communication within the prescribed time, as per the law laid down by the Supreme Court.

Issue 3: Non-Adjudication of Ground Challenging Legality of Action
The main argument before the Tribunal was that the appeal of the assessee was wrongly dismissed without considering all the grounds raised, particularly the challenge to the legality of action under section 263 of the Act. The Tribunal's order dated 10.05.2018 was observed to have decided the appeal on only one ground, while the ground challenging the legality of action under section 263 was not adjudicated. The Tribunal agreed with the submissions of the assessee and allowed the miscellaneous application, recalling the order for the limited purpose of adjudicating the unaddressed ground. The case was directed to be listed for further hearing, and the requirement of notice was dispensed with.

This detailed analysis of the judgment showcases the various issues raised by the assessee regarding the dismissal of the appeal, alleged violations of natural justice, and the non-adjudication of a crucial ground challenging the legality of action under section 263 of the Act. The Tribunal's decision to recall the order for the limited purpose of addressing the unadjudicated ground reflects a step towards rectifying the identified mistakes apparent on record.