RUSTOM ICE & COLD STORAGE CO., MUMBAI V. JT. CIT 22(2), MUMBAI

MA 110/MUM/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4778 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-08-2016
• Appeal Filed By: Assessee
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 13-05-2016
• Court: TRIBUNAL
• Department Lawyers: D V SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & RAMLAL NEGI (JM) M.A. NO. 110/MUM/2016 ARISING OUT OF I.T.A. NO. 7368 /MUM/ 20 1 2 (ASSESSMENT YEAR 200 9 - 1 0 ) RUSTOM ICE & COLD STORAGE CO. T - 15, CUSROW BAUG S.B. ROAD COL ABA MUMBAI - 400 005. VS. JCIT - 22 (2) VASHI NAVI MUMBAI ( APPELLANT ) ( RESPONDENT ) PAN NO . AAAFR7586D ASSESSEE BY SHRI PRAKASH PANDIT DEPARTMENT BY SHRI D.V. SINGH DATE OF HEARING 26.8 . 201 6 DATE OF PRONOUNCEMENT 26 .8 . 201 6 O R D E R P ER RAMLAL NEGI ( J M) : - THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICATION SEEKING RECTIFICATION OF THE ORDER DATED 3.3.2016 PASSED IN APPEAL CITED ABOVE. 2. WE HAVE HEARD THE PARTIES AND PERUSED THE RECORD. WE NOTICED THAT THE TRIBUNAL HAS IMPOSED A COST OF ` 2,000/ - UPON THE ASSESSEE AND IT IS STATED IN PARAGRAPH 4 OF THE ORDER THAT THE SAME SHALL BE PAID TO THE ACCOUNT OF THE INCOME TAX DEPARTMENT ON OR BEFORE 15.3.2016. IT IS THE CASE OF THE ASSESSEE THAT THE DATE OF PAYMENT WAS NOT ANNOUNCED AS 15 .3.2016. IT WAS FURTHER SUBMITTED THAT THE ASSESSEE HAS PAID COST ON 16.3.2016. ACCORDINGLY, IT WAS PRAYED THAT THE DATE OF PAYMENT MENTIONED IN THE ORDER SHOULD BE MODIFIED SINCE THE SAME WAS NOT ANNOUNCED IN THE OPEN COURT. 3. WE HEARD LEARNED DEPARTME NTAL REPRESENTATIVE ON THIS ISSUE. WE NOTICED THAT THERE IS A MISTAKE WITH REGARD TO THE DATE CITED IN THE ORDER ACCORDINGLY , IN 2 PARA GRAPH 4 OF THE ORDER THE DATE SHOULD BE READ AS 16.3.2016 INSTEAD OF 15.3.2016 . ORDER STANDS MODIFIED ACCORDINGLY. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 26 .8 .2016 SD/ - SD/ - (B.R.BASKARAN) (RAMLAL NEGI) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED : 26 / 8 / 20 1 6 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) ITAT, MUMBAI PS