DCIT., CIRCLE 12(1), HYDERABAD V. SHARAD MATHUR, HYDERABAD

MA 51/HYD/2024

AI Insights

The case involves a Miscellaneous Application filed by the Revenue under section 254(2) of the Income Tax Act, 1961, seeking rectification of an earlier Tribunal order that inadvertently omitted findings related to the Assessment Year 2021-22. The Tribunal had previously consolidated appeals for A.Y. 2019-20 and 2021-22 due to identical issues. The Department Representative pointed out the omission, which was accepted by the Authorized Representative. However, it was noted that the Assessing Officer had already addressed the issues for A.Y. 2021-22 in a subsequent order, granting relief to the assessee. Consequently, the Tribunal decided that the findings for A.Y. 2019-20 would apply mutatis mutandis to A.Y. 2021-22, and no further action was required for the latter.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 472490 (ITAT-HYDERABAD)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-03-2025
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2021-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SACHIN KUMAR
• Assessee Lawyers: B. SATYANARAYANA MURTHY
• Keywords: Set aside; Opportunity of being heard

Judgement Text

" आयकर अपीलीय अधिकरण, हैदराबाद पीठ में IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B”, HYDERABAD BEFORE SHRI VIJAY PAL RAO, VICE PRESIDENT AND SHRI MADHUSUDAN SAWDIA, ACCOUNTANT MEMBER M.A No.51/Hyd/2024 (In ITA No.332/Hyd/2024) Assessment Year: 2021-22 Dy. Commissioner of Income Tax, Circle 12(1), Hyderabad. Vs. Shri Sharad Mathur, Hyderabad. PAN : AOGPM3520B (Appellant) (Respondent) Assessee by: Shri B. Satyanarayana Murthy, C.A. Revenue by: Dr. Sachin Kumar, Sr.D.R. Date of hearing: 28.02.2025 Date of pronouncement: 10.03.2025 O R D E R PER MADHUSUDAN SAWDIA, A.M.: The present Miscellaneous Application (“M.A.”) has been filed by the Revenue u/s.254(2) of the Income Tax Act, 1961 ('the Act') with a request to recal the order passed by this Tribunal in ITA No.332/Hyd/2024 dated 10.06.2024 (“the impugned order”). 2. At the outset, the Learned Department Representative (“Ld. DR”) submitted that in the impugned order, two appeals of the assessee related to A.Y. 2019-20 and 2021-22 were disposed of by the Tribunal by a 2 MA 51/Hyd/2024 consolidated order. He further submitted that, the issue involved and grounds of both the years were identical. However, due to inadvertent omission, no findings were given in the impugned order on the grounds related to A.Y. 2021-22. The Ld. DR further submitted that, the omission to address to the grounds related to A.Y. 2021-22 in the impugned order is an apparent mistake on record, warranting rectification u/s.254(2) of the Act. 3. Per contra, the Learned Authorised Representative (“Ld. AR”) accepted the submission made by the Ld. DR. 4. The Ld. AR further submitted that, the Learned Assessing Officer (“Ld. AO”) has already passed a consequential order on 12.11.2024 giving effect to the order of Learned Commissioner of Income Tax (Appeals) (\"Ld. CIT(A)\"), wherein the assessee has already been granted relief for the A.Y. 2021-22. Hence, it was contended that no further adjudication is required for A.Y. 2021-22. 5. We have heard the rival contentions and also gone through the record in the light of the submissions made by either side. It is evident that the Tribunal in its impugned order had inadvertently omitted to give findings on the grounds related to A.Y. 2021-22. However, it has been submitted that, the facts and the issues were identical to A.Y. 2019-20. For A.Y. 2019-20, the Tribunal had set aside the matter to the file of Ld. AO to allow the credit for foreign tax credit after due verification as per 3 MA 51/Hyd/2024 law and after giving an opportunity of being heard to the assessee. The same principle ought to have been applied to A.Y. 2021-22 as well. 5.1 Further, as per the submission of the assessee, we note that the Ld. AO in the consequential order giving effect to the order of Ld. CIT(A) has already granted relief to the assessee for A.Y. 2021-22. In view of the above, we hold that the findings given by the Tribunal for A.Y. 2019-20 shall apply mutatis mutandis to A.Y. 2021-22. However, since the Ld. AO has already granted relief to the assessee in consequential order on 12.11.2024 giving effect to the order of Ld. CIT(A), wherein the assessee has already been granted relief for the A.Y. 2021-22, no further direction is required to be made to Ld. AO on this aspect. Accordingly, the M.A. filed by the revenue is allowed. 6. In the result, the M.A. of revenue is allowed. Order pronounced in the Open Court on 10th March, 2025. Sd/- Sd/- Sd (VIJAY PAL RAO) VICE PRESIDENT (MADHUSUDAN SAWDIA) ACCOUNTANT MEMBER Hyderabad, Dated 10.03.2025. * Reddy gp/Sr.P.S. 4 MA 51/Hyd/2024 Copy to: S.No Addresses 1 Shri Sharad Mathur, 145, Marigold LNT Serena County,Gachibowli, Hyderabad-500 032 2 DCIT, Circle 12(1), Hyderabad. 3 Pr.CIT, Hyderabad. 4 DR, ITAT Hyderabad Benches 5 Guard File By Order "