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of <h1>ITAT Delhi rectifies oversight on Technical Knowhow expense deduction claim under section 254(2), schedules new hearing.</h1> <h3>Honda Motorcycle and Scooters India Pvt. Ltd., Versus ACIT Circle – 4 (1)</h3> Honda Motorcycle and Scooters India Pvt. Ltd., Versus ACIT Circle – 4 (1) - TMI In the case before the ITAT Delhi, the assessee filed a Miscellaneous Application seeking rectification of mistakes in Appeal No. 477/DEL/2021 for the Assessment Year 2016-17, specifically concerning the non-adjudication of Ground No.10. This ground pertained to the claim of deduction for expenses amounting to Rs. 250,17,14,636/- related to Technical Knowhow. The Tribunal acknowledged that this ground was indeed raised but not adjudicated in its previous order dated 09.11.2021, which constitutes a 'mistake apparent from record' under section 254(2) of the Income Tax Act. Consequently, the Tribunal decided to recall the order for the limited purpose of addressing Ground No.10 and directed the Registry to schedule a hearing for 22.08.2022. The decision was pronounced in the open court on 29.07.2022, and no separate notice of hearing is required. The application by the assessee was thus allowed.
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