9911796707
TMI Blog2021 (1) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... he Income Tax Appellate Tribunal, Allahabad Bench, Allahabad has vide appellate order dated 28.07.2016 has disposed of the assessee's appeal in ITA No. 117/Alld./2011 for ay:2007-08. The assessee has now filed this MA seeking to correct mistake apparent from records which as per assessee has crept in the appellate order dated 28.07.2016 passed by the tribunal. 2. The assessee is a Public Sector Enterprise being Government of India undertaking . It is the say of the learned counsel for the assessee that Tribunal vide appellate order dated 28.07.2016 in ITA No. 117/Alld/2011,, has committed a mistake apparent from record, while adjudicating Grounds No. 4, 5 and 6, wherein the tribunal has given relief to the tune of Rs. 43.95 lacs which was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er passed by Tribunal. 4. The second mistake apparent from record in the appellate order passed by tribunal pointed out by learned counsel for the assessee is with respect to the addition made by the AO to the tune of Rs. 16.4 lacs, which was further enhanced by ld. CIT(A) by Rs. 48.33 lacs , leading to total addition to the income to the tune of Rs. 64.73 lacs being confirmed by learned CIT(A), u/s. 145A of the Act . It is the say of the ld. Counsel for the assessee that the tribunal has given part relief only to the tune of Rs. 48.33 lacs as to the enhancement made by learned CIT(A), while additions made earlier by the AO to the tune of 16.4 lacs were not adjudicated by the tribunal on the ground that cutting has been made by the AR of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al to reflect correct amount of relief and it is Mr. Sanjay B Gupta Manager(Finance) of the assessee who made the corrections. It is also stated that Mr. Sanjay B. Gupta , Manager( Finance) was duly authorized to make corrections by the management of the assessee. 5. The ld. DR relied upon the appellate order passed by tribunal and submitted that there are no mistakes apparent from record which can be rectified at this stage within limited scope of Section 254(2) of the 1961 Act. 6. We have considered rival contentions and have perused the material available on record. We have observed that the assessee is a Public Sector Enterprise being a Government of India Undertaking. We have observed that the assessee has raised grounds of appeal wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n has been claimed by the assessee in accordance with the I.T. Act. The said fact is apparent from the revised computation of statement, the copy of which was also filed before us at page No.39 of the paper book. Since the assessee has not changed the WDV for the purpose of computation of depreciation as was being brought forward from the earlier year therefore, in our opinion the Assessing Officer was not correct in law in disallowing the depreciation amounting to the sum of Rs. 43.95 lacs. We accordingly delete the said addition and allow ground no.4 taken by the assessee." The tribunal in para 7 had given finding that excess depreciation amounting to Rs. 292.92 lacs was written back and shown negative under the head prior period expense ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ire detailed arguments. The tribunal has dismissed the said ground of appeal raised by assessee on the grounds as being not pressed. The assessee is prejudiced by said dismissal in limine. Since Tribunal has restricted its finding to 43.95 lacs, it will be in the interest of justice that the Grounds No.5 and 6 which were not adjudicated completely by tribunal are restored back to the file of Tribunal for fresh adjudication and to this extent the MA filed by the assessee on this issue is partly allowed for statistical purposes, as indicated above.We order accordingly. 7. The second issue raised by the assessee in MA is with respect to the restricting of the relief by tribunal u/s. 145A of the Act to the tune 48.33 lacs as was relatable to i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or ay: 2007-08. All the three affidavits are placed in file. Without going into the dispute as to who instructed to amend the Ground No.7, we are of the considered view that the fundamental purpose and duties of tribunal is to grant justice to both the parties with an objective so that rightful and legitimate income-tax within provisions of the 1961 Act which is rightfully due and payable by tax-payer for an assessment year be computed and collected under the authority of law , and with a view to subserve interest of justice, we are inclined to restore Ground No.7 back to the file of Tribunal for fresh adjudication and to this extent the MA filed by the assessee on this issue is allowed. We order accordingly. 8. The Registry is directed to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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