LUPIN LTD, V. ASST CIT LTU,

MA 106/MUM/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2411 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-08-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: K
• Assessment Year: 2003-2004
• Appeal Filed On: 13-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANURAG SRIVASTAVA
• Assessee Lawyers: VASANTI B PATEL
• Section: 80HHC; 80IB

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI . . , , , BEFORE SHRI R.C. SHARMA, ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA, JUDICIAL MEMB ER . / M.A . NO. 106 / MUM./20 14 . / ITA NO. 1195 /MUM./20 11 ( / ASSESSMENT YEAR : 200 3 04 ) LUPIN LIMITED (FORMERLY KNOWN AS LUPIN LABORATORIES LIMITED) 159, CST ROAD, KALINA SANTACRUZ (E), MUMBAI 400 098 .. / APPLICANT V/S ASSTT . COMMISSIONER OF INCOME TA X LTU CENTRE NO.1, WORLD TRACE CENTRE 28 TH FLOOR, CUFFE PARADE MUMBAI 400 005 .... / RESPONDENT ./ PERMANENT ACCOUNT NUMBER AAACL1069 K / REV E NUE BY : SHRI ANURAG SRIVASTAVA / ASSESSEE BY : MS. VASANTI B. PATEL / DATE OF HEARING 08.08.2014 / DATE OF ORDE R 19.08.2014 / ORDER , / PER AMIT SHUKLA , J.M. BY WAY OF THIS MISCELLANEOUS APPLICATION, THE ASSESSEE SEEKS RECTIFICATION OF THE IMPUGNED ORDER DATED 20 TH DECEMBER 2013, PASSED BY THE TRIBUNAL, POINTING OUT FOLLOWING MISTAKES FOR RECTIFICATION: I ) IN PARA 7 AND 8 OF THE ORDER, THE TRIBUNAL, WHILE DEALING WITH THE ISSUE OF GRANTING RELIEF UNDER SECTION 80HHC, LUPIN LIMITED 2 INADVERTENTLY, HAS MENTIONED 80IB INSTEAD OF MENTIONING THE CORRECT SECTION AS 80HHC . II ) FURTHER, IN PARA 7, THE TRIBUNAL, WHILE DEALING WITH GROUND NO.3(I), 3( II) AND 3(III), INADVERTENTLY, HAS MENTIONED GROUND NO.3(1) AND 3(2) ; AND III ) SIMILARLY, IN PARA 8, THE TRIBUNAL HAS INADVERTENTLY MENTIONED GROUND NO.3(3) INSTEAD OF MENTIONING THE SAME CORRECTLY AS GROUND NO.3(IV) . 2 . ON A PERUSAL OF THE IMPUGNED ORDER, WE FIND THAT THE ABOVE TYPOGRAPHICAL MISTAKES, AS POINTED OUT BY THE LEARNED COUNSEL, APPEAR TO BE CORRECT, WHICH ARE APPARENT FROM RECORD. ACCORDINGLY, WE PROCEED TO RECTIFY THE AFORESAID MISTAKES POINTED OUT BY THE LEARNED COUNSEL, WHICH ARE AS UNDER: I ) IN PARA 7 AND 8 OF THE ORDER, THE CORRECT SECTION BE READ AS 80HHC INSTEAD OF SECTION 80IB AS IT WAS WRONGLY MENTIONED. II ) FURTHER, IN PARA 7, THE CORRECT GROUND BE READ AS GROUND NO.3(I), 3(II) AND 3(III) , INSTEAD AS MENTIONED AS GROUND NO.3(1) AND 3(2) ; AND LASTLY III ) IN PARA 8, THE CORRECT GROUND BE READ AS GROUND NO.3(IV) WHICH HAS WRONGLY MENTIONED AS GROUND NO.3(3) . THE IMPUGNED ORDER DATED 20 TH DECEMBER 2013, IS RECTIFIED TO THE ABOVE EXTENT. 3 . 3. IN THE RESULT, ASSESSEES M.A. IS ALLOWED. 19 T H AUGUST 2014 ORDER PRONOUNCED IN THE OPEN COURT O N 19 T H AUGUST 2014 SD/ - . . R.C. SHARMA ACCOUNTANT MEMBER SD/ - AMIT SHUKLA JUDICIAL MEMBER MUMBAI, DATED : 19 T H AUGUST 2014 LUPIN LIMITED 3 / COPY OF THE ORDER FORWARDED TO : ( 1 ) / THE ASSESSEE ; ( 2 ) / THE REVENUE; ( 3 ) ( ) / THE CIT(A ) ; ( 4 ) / THE CIT, MUMBAI CI TY CONCERNED ; ( 5 ) , , / THE DR, ITAT, MUMBAI ; ( 6 ) / GUARD FILE . / TRUE COPY / BY ORDER . / PRADEEP J. CHOWDHURY / SR. PRIVATE SECRETAR Y / / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI