Tribunal corrects order, allows deduction under section 80IA for electricity sale price.

The Tribunal rectified an error in its order regarding the deduction under section 80IA for the sale price of electricity. The Tribunal acknowledged the mistake in stating "partly allowed" and corrected it to allow the assessee's claim based on a previous decision. Consequently, the Tribunal allowed the Miscellaneous Application, clarifying the correct application of the deduction and setting aside the Commissioner's order.

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Issues:
- Rectification of apparent mistake in Tribunal's order regarding deduction u/s 80IA for the sale price of electricity.

Analysis:
1. The assessee filed a Miscellaneous Application under section 254(2) of the Income Tax Act, 1961, pointing out an error in the Tribunal's order dated 19-11-2015 regarding the deduction u/s 80IA for the sale price of electricity.

2. The Tribunal had initially mentioned in Para 24 of the order that the ground of the assessee was partly allowed, but the preceding Para 23 clearly showed that the Co-ordinate Bench had allowed a similar claim in the assessee's own case for Asst. Years 2005-06 to 2007-08 at a sale price of Rs. 4.55 per unit.

3. The Authorized Representative argued that the Tribunal had inadvertently stated "partly allowed" in Para 24, whereas the correct decision should have been to allow the ground of the assessee based on the Co-ordinate Bench's decision in the earlier case.

4. After hearing both parties, the Tribunal acknowledged the mistake in the order and noted that the assessee was eligible for claiming deduction u/s 80IA at the sale price of Rs. 4.55 per unit, as per the Co-ordinate Bench's decision in the previous case.

5. Consequently, the Tribunal rectified the error and replaced Para 24 of the order with a clear statement that the ground of the assessee is allowed based on the Co-ordinate Bench's decision, setting aside the Commissioner's order.

6. The Tribunal concluded by allowing the Miscellaneous Application filed by the assessee in light of the apparent mistake in the original order, providing clarity on the correct application of the deduction u/s 80IA for the sale price of electricity.

This detailed analysis of the judgment highlights the procedural aspect of rectifying errors in the Tribunal's order and ensuring the correct application of legal provisions based on precedent and factual circumstances.

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