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TMI Blog2024 (11) TMI 849X X X X Extracts X X X X X X X X Extracts X X X X ..... as mentioned in para 15.10 of this order. Provision made towards Claims Incurred But Not Reported (IBNR) and Claims Incurred But Not Enough Reported (IBNER) added to the Book profits u/s 115JB - Revenue pointed out that this issue is neither adjudicated by the CIT(A) nor the Tribunal, on merits and only some facts are available in the order of the Assessing Officer. Hence, this issue can be remitted back to the file of the Assessing Officer before whom the assessee will place all evidences and prove whether claim made by the assessee is ascertained liability or unascertained liability. Rectification of mistake allowed as Tribunal has not adjudicated the addition grounds raised pertaining to considering of income as per 143(1)(a) of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing Officer with similar directions to the Assessing Officer mentioned in para 15.10 of this order. 2.1 The ld.Senior DR has raised no objection for rectification of this mistake. 2.2 After hearing rival contentions and going through the order of Tribunal, we feel that the Tribunal made mistake in observing that the assessee agreed and hence, the above line may be read as under:- Hence, taking a consistent view, we remit this issue also back to the file of the AO with similar direction to the AO as mentioned in para 15.10 of this order. 3. As regards to IBNR/IBNER, the issue is dealt with in para Nos.15.8 15.9 at pages 24 25 and the relevant observation, the assessee is seeking for rectification for the order, is as under:- 15.8 The Ld.Sen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w our attention to para 23.2 of the Tribunal order at pages 44 45 and pointed out that the matter is restored back to the file of the CIT(A) instead of AO, as argued by ld.counsel during the course of hearing. But the Bench has taken a conscious decision and sent back to CIT(A) and hence, we infer no mistake apparent from record in the order of Tribunal and hence, to this extent of Tribunal order stands and this point raised by assessee in this miscellaneous application is dismissed. 7. As regards the miscellaneous application in MA No.63/CHNY/2024 for the assessment year 2018-19, the assessee raised the issue that the Tribunal has not adjudicated the addition grounds raised pertaining to i) Considering of income as per 143(1)(a) of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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