2020 (3) TMI 607

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....riefly 'the Tribunal' hereinafter) in M.A. No.632/ Mum/2018 arising out of I.T.A.No.7501/Mum/2016 for the assessment year 2003-04 pertaining to ground No.2 of the said appeal. 3. To appreciate the grievance expressed by the petitioner and the reliefs sought for, a brief reference to the order passed by the Tribunal is considered apposite. 4. It appears that petitioner had filed two appeals before the Tribunal, one for the assessment year 2006-07 and other for the assessment year 2003-04. For the assessment year 2006-07, the appeal was registered as I.T.A.No.3113/Mum/2015 and the appeal for the assessment year 2003-04 was registered as I.T.A.No.7501/Mum/2016. The two grounds urged by the petitioner before the Tribunal in the appeal for....

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.....2002 and the book value of the said share held as stock-in-trade as on 31.03.2002 prior to the conversion. Your appellant submits that the learned CIT(A) erred in rejecting the appellant's contention that provisions of Section 41(1) did not apply in this case. Your appellant, therefore, prays that the addition of Rs. 9,11,883/- be deleted." 6. It further appears that Revenue also filed appeal before the Tribunal for the assessment year 2006-07, which was registered as I.T.A.No.3355/ Mum/2015. The three appeals were heard together by the Tribunal and disposed of by the order dated 30.05.2018. On perusal of the order dated 30.05.2018, it is seen that the appeal preferred by the Revenue for the assessment year 2006-07 i.e., I.T.A. No. 3355....

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....aid appeal was a mistake apparent from the record and which was required to be corrected under Section 254(2) of the Act. 9. The said application was registered as M.A.No.632/Mum/2018. By order dated 12.04.2019, Tribunal partly allowed the said application by noting that in the order dated 30.05.2018, Tribunal had discussed ground No.1 of the appeal for the assessment year 2006-07 along with ground No.2 of the appeal for the assessment year 2003-04 whereafter both the appeals were dismissed. However, Tribunal noted that insofar ground No.1 in the appeal for the assessment year 2003-04 was concerned, there was no discussion by the Tribunal in the order dated 30.05.2018. Accordingly, Tribunal recalled its order dated 30.05.2018 qua ground ....