Shri Ramubhai S. Ahir, Surat V. The Income Tax Officer, Ward-1(2)(5), Surat

MA 09/SRT/2020

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9345 (ITAT-SURAT)
• Duration Of Justice: 10 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 18-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Assessee Lawyers: RASESH SHAH

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, HON'BLE JUDICIAL MEMBER AND DR.SHRI ARJUN LAL SAINI, HON'BLE ACCOUNTANT MEMBER (VIRTUAL HEARING) MISCELLANEOUS APPLICATION NO.09/SRT/2020 (ARISING OUT OF I.T.A NO.2160/AHD/2016) [ [ / ASSESSMENT YEAR: 2012-13 SHRI RAMUBHAI S.AHIR, 501-A, AMBANAGAR, CYHOWKY SHERI, UDHNA MAGDALLA ROAD, SURAT 395 007. [PAN: AKUPA 3766 B] VS. THE INCOME TAX OFFICER, WARD-1(2)(5), SURAT. / APPELLANT /RESPONDENT [ /ASSESSEE BY SHRI RASESH SHAH AR /REVENUE BY SMT. ANUPAMA SINGLA SR.DR / DATE OF HEARING: 18 . 1 2 .20 20 /PRONOUNCEMENT ON: 29 . 1 2 .20 20 /O R D E R PER PAWAN SINGH, JM: 1. THIS MISCELLANEOUS APPLICATIONS IS FILED BY THE ASSESSE FOR SEEKING RECTIFICATION IN THE ORDER DATED 10.05.2019 IN ITA NO.2160/AHD/2016. THE LD.AUTHORISED REPRESENTATIVE(AR) SUBMITS THAT ON PAGE NO.8 AND 9 IN PARA 5 OF THE ORDER, THE DATE OF AGREEMENT IS INCORRECTLY WRITTEN AS 06.09.2011 IN PLACE OF 21.07.2010. 2. THE LD.AR FURTHER SUBMITS THAT INITIALLY THE AGREEMENT WAS EXECUTED BETWEEN THE ASSESSEE AND THIRD PARTY 21.07.2010 AND ON THE BASIS OF AGREEMENT FINAL SALE DEED WAS EXECUTED ON 06.09.2011. THE LD.AR PRAYED THAT A SUITABLE CORRIGENDUM ORDER MAY BE MADE SHRI RAMUBHAI S.AHIR VS. ITO, WARD-1(2)(5), SURAT./ MA NO.09/SRT/2020 FOR A.Y. 2012-13 2 BY CORRECTING DATE OF AGREEMENT AS 21.07.2010 IN PLACE OF 06.09.2011 IN PARA 5 AT PAGE NO.8 AND 9 OF THE ORDER. 3. ON THE OTHER HAND, THE LD.DEPARTMENTAL REPRESENTATIVE(DR) FOR THE REVENUE SUBMITS THAT THE TYPOGRAPHICAL ERROR MAY BE CORRECTED BY PASSING SUITABLE CORRIGENDUM ORDER. 4. WE HAVE CONSIDERED THE CONTENTION/SUBMISSION OF BOTH THE PARTIES AND PERUSED THE ORDER OF THE TRIBUNAL. BEFORE THE TRIBUNAL THE CONTENTIONS OF ASSESSEE WAS THAT INITIALLY AN AGREEMENT OF SALE WAS EXECUTED ON 21.07.2010 DETERMINING THE SALE CONSIDERATION OF RS.4.13 CRORE. THE SALE DEED OF TRANSFER OF ASSET WAS FINALLY EXECUTED ON 06.09.2011 AFTER RECEIVING FULL PAYMENT OF CONSIDERATION. WE HAVE FURTHER NOTED THAT ON THE CONTENTION OF ASSESSEE, THE CASE WAS RESTORED TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION FOR VERIFICATION OF CERTAIN FACT AS MENTIONED IN PARA 5 OF THE ORDER. 5. CONSIDERING THE OVER ALL FACTS AND CIRCUMSTANCES OF THE CASE, WE FIND THAT THERE IS TYPOGRAPHICAL MISTAKE IN PARA 5 ON PAGE NO.8 AND 9 WITH REGARD TO DATE OF AGREEMENT TO SALE. THEREFORE, WE DIRECT THAT IN PARA 5 THE DATE MENTIONED AS 06.09.2011 ON PAGE NO.8 AND 9 BE READ AS 21.07.2010. WITH THE AFORESAID DIRECTION, THE APPLICATION IS ALLOWED. 6. ORDER PRONOUNCED IN THE OPEN COURT ON 29-12-2020. SD/- SD/- (DR.ARJUN LAL SAINI) (PAWAN SINGH) ( /ACCOUNTANT MEMBER) ( /JUDICIAL MEMBER) / SURAT, DATED : 29 TH DEC , 2020 / S.GANGADHARA RAO, SR.PS COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, SURAT