MESGE WALIA TRADERS PRIVATE LIMITED, NAWANSHAHR V. THE DEPUTY COMMISSIONER OF INCOME TAX, JALANDHAR

MA 08/ASR/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6378 (ITAT-AMRITSAR)
• Duration Of Justice: 4 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-04-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 07-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: BHAGAT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER M.A NO.08(ASR)/2018 (ARISING OUT OF ITA NO.157(ASR)/2015) ASSESSMENT YEAR:2009- 10 M/S WALIA TRDERS PVT. LTD. K.C. TOWER, CHANDIGARH ROAD NAWANSHAHR PAN:AAACW1346E VS. DY. CIT CENTRAL CIRCLE-II, NEW JAWAHAR NAGAR MARKET, JALANDHAR (APPELLANT) (RESPONDENT) APPELLANT BY: SH. M.R. BHAGAT RESPONDENT BY: SH. CHARAN DASS (LD. DR) DATE OF HEARING: 06.04.2018 DATE OF PRONOUNCEMENT: 11 .04.2018 ORDER PER N.K.CHOUDHRY, JM: THE ASSESSEE PREFERRED THE INSTANT MISCELLANEOUS APPLICATION FOR CERTAIN RECTIFICATION ON THE GROUND THA T THE APPEALS FILED BY THE ASSESSEE WERE ALLOWED AND ALL THE A PPEALS OF THE REVENUE DEPARTMENT WERE DISMISSED AND CONCLUSION IS APPEARING IN PARA NO.10 OF THE ORDER DATED 24.10.20 17. OUR ATTENTION WAS DRAWN THAT THERE IS TYPOGRAPHICAL ERROR IN PAGE NO.11, PARA-2 FROM THE BOTTOM, WHEREIN THE ITA NO.157(ASR)/2015 HAVE BEEN SHOWN AS OF THE ASSESSEE. IN F ACT, THAT IS THE APPEAL OF THE REVENUE DEPARTMENT AND INST EAD OF M.A.NO.08/ASR/2018 (A.Y.2009-10) SH. WALIA TRADERS PVT. LTD. VS. DCIT 2 THAT THE ACTUAL APPEAL NO.213(ASR)/2015 WAS SUPPOSED TO BE MENTIONED. FURTHER OUR ATTENTION WAS DRAWN TO THE LA ST PARA OF THE PAGE -11 OF THE ORDER WHERE IT WAS WRITTEN THAT WE HAVE ALREADY HELD IN THE APPEALS FILED BY ASSESSEE THAT NO DISALLOWANCE WAS WARRANTED AND THEREFORE, THIS GROU ND OF APPEAL OF THE REVENUE TAKEN AS GROUND NO.2 IN ITA NO.510(ASR)/2015 AND GROUND NO.3 IN ITA NO.511(ASR)/2015 AND GROUND NO. 1 TO 3 IN ITA NO.213(ASR)/2015 ARE DISMISSED. OUR ATTENTION WAS DRAWN TO THE FACT THAT ITA NO.213(ASR)/2015 BELONGS TO THE ASSESSEE ONLY WHICH HAS ALREADY BEEN ALLOWED VIDE SECOND PARA OF PAGE-11 OF T HE ORDER AND IN FACT, INADVERTENTLY, ITA NO.157(ASR)/2015 HAS BEEN TYPED INSTEAD OF ITA NO.213(ASR)/2015, WHICH REQUIRES TO BE R ECTIFIED. FURTHER, FROM PARA NO. 10 OF THE ORDER THE RESULTING PART IS CLEARLY REFLECTING. 2. THE LD. DR DID NOT RAISE ANY OBJECTION. 3. WE HAVE GONE THROUGH WITH THE FACTS AND CIRCUMSTANCE S OF THE CASE, AND REALIZED THAT SOME TYPOGRAPHICAL ERRORS H AVE OCCURRED INADVERTENTLY, WHICH REQUIRES TO BE RECTIFIED A ND HENCE, TWO PARAS AS APPEARING IN THE BOTTOM IN PAGE NO.11 OF THE ORDER BE READ AS UNDER. M.A.NO.08/ASR/2018 (A.Y.2009-10) SH. WALIA TRADERS PVT. LTD. VS. DCIT 3 IN VIEW OF THE ABOVE FACTS AND CIRCUMSTANCES AND F OLLOWING THE JUDICIAL PRECEDENTS, WE ALLOW THE APPEALS FILED BY ASSESSEE IN ITA NO.143(ASR)/2015 AND ITA NO.213/(ASR)/2015 . NOW COMING TO THE APPEAL FILED BY REVENUE, WE FIND THAT THE REVENUE IS AGGRIEVED AS THE LD. CIT(A) HAD REDUCED THE DISALLOWANCE OF INTEREST FROM 15% TO 11%. WE HAVE A LREADY HELD IN THE APPEALS FILED BY ASSESSEE THAT NO DISALLOWANCE WAS WARRANTED AND THEREFORE, THIS GROUND OF APPEAL OF THE REVENUE TAKEN AS GROUND NO.2 IN ITA NO.510(ASR)/2015 AND GROUND NO.3 IN ITA NO.511(ASR)/2015 AND GROUND NO.1 TO 3 IN ITA NO.157/(ASR)/2015 ARE DISMISSED. ORDERED ACCORDINGLY. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY T HE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 11.04.2018. SD/- SD/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDIC IAL MEMBER DATED:11.04.2018 /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) M/S WALIA TRADERS PRIVATE LTD., NAWANSHAHR (2) THE DCIT, JALANDHAR (3) THE CIT(A), (4) THE CIT, CONCERNED (5) THE SR DR, I.T.A.T., AMRITSAR TRUE COPY BY ORDER