Tribunal denies rectification plea, emphasizes limited scope for errors correction. Decision final.

The Tribunal rejected the applicant's plea for rectification of the ITAT order, emphasizing that rectification is limited to correcting obvious errors, which the applicant failed to identify. The Tribunal noted that challenging the Tribunal's observations and decision-making process does not fall within the scope of rectification. Consequently, the Tribunal dismissed the application, concluding the matter on 3.2.2014.

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Issues: Rectification of order by ITAT

Analysis:
1. The applicant sought rectification/recall of the order of the ITAT dated 31.7.2013 in ITA No.1428/Hyd/2012 of the Revenue and ITA No.1269/Hyd/2012 of the assessee, alleging mistakes apparent from the record.

2. The applicant's counsel argued that the Tribunal erred in not adopting the value of the property as on 1.4.81 before indexation, as per the grounds in the appeal. The counsel highlighted mistakes in the Tribunal's order, such as a suo motu observation regarding the registered valuer's impartiality and failure to follow relevant decisions, including one from the Bombay High Court. The counsel also pointed out that the Tribunal did not provide reasons for not following the cited decisions and overlooked a decision of the Hyderabad 'A' Bench.

3. The Departmental Representative contended that there were no apparent mistakes in the Tribunal's order and opposed the applicant's plea, deeming it meritless.

4. Upon reviewing the submissions and the order, the Tribunal found that the applicant's contentions were centered on criticizing the Tribunal's observations and decision-making process, rather than pointing out specific mistakes in the order. The Tribunal emphasized that the scope of rectification under S.254(2) of the Act is limited to correcting obvious errors in the order, which were not identified by the applicant. Consequently, the Tribunal rejected the application, stating that seeking a review of the order based on disagreement with decisions cited is not permissible under the rectification process.

5. The Tribunal pronounced its decision on 3.2.2014, rejecting the Miscellaneous Application of the assessee, thereby concluding the matter.

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