Rectification for mistake apparent from record justified where material submissions and case law were not considered.

An earlier ITAT order may be recalled under rectification jurisdiction where material submissions, appellate findings, or relevant case law were omitted from consideration. The omission of the assessee's written submissions and authorities on rejection of books of account and estimation of income was treated as a mistake apparent from the record. To prevent prejudice from non-consideration of these material issues, recall of the order in toto was justified and the matter was directed to be heard afresh.

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Issues: Whether the Tribunal's earlier order suffered from a mistake apparent from the record warranting recall under rectification jurisdiction.

Analysis: The miscellaneous application succeeded because the earlier order was found to have omitted consideration of material placed on record, including the assessee's written submissions, the appellate findings, and cited case law relevant to the rejection of books of account and estimation of income. The omission was treated as a rectifiable error under the Tribunal's power to correct mistakes apparent from the record, and recall was justified to prevent prejudice caused by non-consideration of material issues.

Conclusion: The order was liable to be recalled in toto and the matter was to be heard afresh.

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