Jhabua Power Limited , Kolkata V. DCIT, Circle - 12, Kolkata, Kolkata

MA 109/KOL/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6922 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 18-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A, KOLKATA [BEFORE SHRI P.M. JAGTAP, AM & SHRI S.S. VISWANETHRA RAVI, JM] M.A. NO. 109/KOL/2018 (A/O, ITA NO. 2074/KOL/2016) ASSESSMENT YEAR: 2011-12 JHABUA POWER LIMITED................................................................APPELLANT 6B, PRETORIA STREET, GR. FLOOR, KOLKATA 700 071. [PAN: AABCK 3364 R] DCIT CIRCLE 12 KOLKATA.......................RESPONDENT KOLKAT. APPEARANCES BY: SHRI SANJAY BHATTACHARYA, FCA APPEARING ON BEHALF OF THE ASSESSEE. SHRI S. KUMAR, ADDL. CIT APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JULY 20, 2018 DATE OF PRONOUNCING THE ORDER : JULY 20, 2018 ORDER PER P.M. JAGTAP, AM BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE IS SEEKING RECTIFICATION OF THE MISTAKE ALLEGED TO HAVE CREPT IN THE ORDER OF THE TRIBUNAL DATED MARCH 23, 2018 PASSED IN ITA NO. 2074/KOL/2016. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS RIGHTLY POINTED OUT BY THE LEARNED COUNSEL FOR THE ASSESSEE, THERE IS A TYPOGRAPHICAL MISTAKE IN THE LAST SENTENCE OF PARAGRAPH NO 5 OF THE TRIBUNALS ORDER IN AS MUCH AS THE WORD NOT IS OMITTED TO BE TYPED AFTER THUS IS AND BEFORE JUSTIFIED IN. WE ACCORDINGLY RECTIFY THE SAID MISTAKE AND DIRECT THAT THE LAST SENTENCE OF THE PARAGRAPH NO 5 OF TRIBUNALS ORDER DATED MARCH 23 RD 2018 BE READ AS UNDER THE LD. CIT(A), IN OUR OPINION, THUS IS NOT JUSTIFIED IN CONFIRMING THE ADDITION MADE BY THE 2 MA NO. 109/KOL/2018 ASSESSMENT YEAR: 2011-12 JHABUA POWER LIMITED ASSESSING OFFICER TO THE TOTAL INCOME OF THE ASSESSEE BY TREATING THE SAID INTEREST INCOME AS CHARGEABLE TO TAX IN THE HANDS OF THE ASSESSEE- COMPANY UNDER THE HEAD INCOME FROM OTHER SOURCES AND DELETING THE SAID ADDITION, WE ALLOW GROUND NO. 1 OF THE ASSESSEES APPEAL. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH JULY, 2018. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 20/07/2018 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. JHABUA POWER LTD., 6B, PRETORIA STREET, GROUND FLOOR, KOLKATA 700 071. 2. DCIT CIRCLE 12, KOLKATA. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, KOLKATA