Tribunal Reopens Appeals for 2004-05 After Overlooking Key Grounds in Revenue and Assessee Cases.

The court allowed the Misc. Application under Section 254(2) concerning the Assessment Year 2004-05, acknowledging that the ITAT had failed to adjudicate the grounds raised in ITA No. 5640/Del/2011 by the Revenue and CO No. 51/Del/2012 by the assessee. The Tribunal recognized the merit in the assessee's plea, leading to the listing of both appeals for regular hearing. The order was pronounced on 24/03/2023.

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Issues involved:
The judgment concerns rectification under Section 254(2) for Assessment Year 2004-05 based on the appellate order of ITAT in 5640/Del/2011 & CO No. 51/Del/2012.

Rectification under Section 254(2):
The counsel for the assessee pointed out that the Tribunal had omitted to adjudicate the grounds raised in ITA No. 5640/Del/2011 filed by the Revenue and Cross Objection No. 51/Del/2012 filed by the assessee. The Tribunal inadvertently missed providing any directions on the grounds of objections raised for Assessment Year 2004-05, leaving the Revenue Appeal and Cross Objection unadjudicated. The Revenue did not offer any comment on this error. Upon appraisal of the appellate order, it was found that there was merit in the plea of the assessee, and thus, the Misc. Application was allowed. Consequently, ITA No. 5640/Del/2011 and CO No. 51/Del/2012 were listed for regular hearing for adjudication of these appeals.

Conclusion:
Both the captioned Misc. Applications were allowed, and the order was pronounced in the open Court on 24/03/2023.

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