Asst. Commissioner of Income Tax,Circle-2(1), Hyderabad V. Andhra Pradesh State Road Transport Corporation, Hyderabad

MA 129/Hyd/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5111 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-02-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB-B
• Assessment Year: 2012-2013
• Appeal Filed On: 30-12-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Keywords: Depreciation

Judgement Text

MA No 129 of 2021 APSRTC Hyderabad Page 1 of 2 IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ B ‘ Bench, Hyderabad (Through Video Conferencing) Before Shri S.S. Godara, Judicial Member AND Shri Laxmi Prasad Sahu, Accountant Member M.A.No.129/Hyd/2021 (Arising out of ITA No.882/Hyd/2018) Assessment Year: 2012-13 ACIT Circle 2(1) Vijayawada Vs. Andhra Pradesh State Road Transport Corporation Hyderabad PAN:AAGFA3527J (Appellant) (Respondent) Revenue by: Sri YVST Sai, CIT (DR) Assessee by : N o n e Date of hearing: 25/02/2022 Date of pronouncement: 25/02/2022 ORDER Per S. S. Godara, J.M. This assessee’s miscellaneous application filed u/s 254(2) of the Income Tax Act, 1961 (the Act), seeks to recall/rectify tribunal’s order dated 11.6.2021 passed in the main case ITA No.882/Hyd/2018 upholding the CIT (A)’s action granting relief to the assessee. Nobody appears at the assessee’s behest. It is accordingly proceeded ex-parte the assessee. 2. Coming to the Revenue’s sole substantive ground in the instant miscellaneous application, its case is that our impugned order dated 11.6.2021 has wrongly incorporated its formal substantive ground as involving “depreciation” than MA No 129 of 2021 APSRTC Hyderabad Page 2 of 2 “excess claim of ex-gratia” claimed at assessee’s behest. We make it clear that there is no dispute raised regarding adjudication on merits in our order. We thus clarify that our order shall henceforth read “excess claim of ex-gratia” and not “depreciation” being an apparent mistake. We thus exercise our discretion u/s 254(2) to rectify our order accordingly. 3. The Revenue’s miscellaneous application is allowed in above terms. Order pronounced in the Open Court on 25 th February,2022. Sd/- Sd/- (LAXMI PRASAD SAHU) ACCOUNTANT MEMBER (S.S. GODARA) JUDICIAL MEMBER Hyderabad, dated 25 th February, 2022. Vinodan/sps Copy to: S.No Addresses 1 ACIT, Circle 2(1) Vijayawada 2 Andhra Pradesh State Road Transport Corporation, 1-7-1066, Bus Bhavan, Musheerabad, Hyderabad 3 CIT (A)- 1, Hyderabad 4 Pr. CIT -1, Hyderabad 5 DR, ITAT Hyderabad Benches 6 Guard File By Order