Tribunal rectifies order for assessment years 2012-13 & 2013-14

The Tribunal allowed the Misc. Applications seeking rectification of a mistake in the order passed for assessment years 2012-13 & 2013-14. The Tribunal acknowledged the omission to decide on specific grounds of appeal and found it to be a mistake apparent from the record. Consequently, the Tribunal recalled the order dated 5.5.2021 to adjudicate on the specified grounds of appeal. The appeals were scheduled for a hearing on these grounds, and the order was pronounced on 27th October 2021.

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Issues:
Rectification of mistake in the common order dated 5.5.2021 passed in cross appeals for assessment years 2012-13 & 2013-14.

Analysis:
The applicant filed Misc. applications seeking rectification of mistake in the order passed by the Tribunal for assessment years 2012-13 & 2013-14. The Tribunal had not decided certain grounds of appeal filed by the assessee for these assessment years. The Ld. Counsel argued that the Tribunal omitted to adjudicate on specific grounds mentioned in the appeals. The Ld. Counsel contended that the omission was a mistake apparent from the record, and requested the Tribunal to recall the order and adjudicate on the said grounds.

The Ld. Counsel highlighted that for the assessment year 2012-13, the Tribunal had decided on ground No.1 but omitted to address ground Nos. 2 & 3. Similarly, for the assessment year 2013-14, the Tribunal had not decided on ground No.2 of the assessee's appeal. The Ld. DR did not oppose the applications and acknowledged that the Tribunal had indeed not decided on these grounds of appeal.

Upon reviewing the submissions and the record, the Tribunal found that it had inadvertently omitted to decide on ground Nos. 2 & 3 of the assessee's appeal for the assessment year 2012-13 and ground No.2 of the assessee's appeal for the assessment year 2013-14. The Tribunal recognized this as a mistake apparent from the record under section 254(2) of the Act. Consequently, the Tribunal allowed the Misc. Applications, recalling the order dated 5.5.2021 for the limited purpose of adjudicating on the specified grounds of appeal. The appeals were fixed for a hearing on these grounds on 23.12.2021. The Misc. Applications were allowed, and the order was pronounced on 27th October, 2021.

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