Smt Farida Alladin, Hyderabad V. ACIT, Circle-16(1), Hyderabad

MA 137/HYD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2506 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-10-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 08-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B RAMA KRISHNA
• Assessee Lawyers: V SIVA KUMAR; C S SUBRAMANYAM
• Keywords: Rectification of order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A', HYDERABAD BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 137/HYD/2014 ARISING OUT OF ITA NO. 954/HYD/2012 ASSESSMENT YEAR 2004-05 SMT. FARIDA ALLADIN HYDERABAD PAN: AGCPA3314K VS. THE ASST. CIT CIRCLE-6(1) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SRI C.S. SUBRAMANYAM & SRI V. SIVA KUMAR RESPONDENT BY: SRI B. RAMAKRISHNA DATE OF HEARING: 19 .0 9 .201 4 DATE OF PRONOUNCEMENT: 29.10.2014 O R D E R PER ASHA VIJAYARAGHAVAN, JM: BY THIS MISCELLANEOUS APPLICATION (MA) THE ASSESSE E IS SEEKING RECTIFICATION OF MISTAKE APPARENT FROM RECO RD WHICH CREPT IN THE ORDER OF THE TRIBUNAL DATED 4 TH JULY, 2013 IN ITA NO. 954/HYD/2012 FOR A.Y. 2004-05. 2 WE HAVE HEARD THE RIVAL CONTENTIONS. WE ALSO PERUS ED THE TRIBUNAL'S ORDER AND WRITTEN SUBMISSIONS OF THE ASS ESSEE. WE FIND THAT A MISTAKE HAS CREPT IN NOT FOLLOWING THE DECISION OF HONBLE SUPREME COURT IN THE CASE OF VSMR JAGADISH CHANDRA VS. CIT (227 ITR 240) WHERE FACTS ARE SIMILAR TO TH E FACTS OF THE PRESENT CASE. THE TRIBUNAL INADVERTENTLY APPLIED T HE RATIO OF THE DECISION IN THE CASE OF R.M. ARUNACHALAM VS. CIT (1 997) (227 ITR 222) (SC). 3 IN THESE CIRCUMSTANCES, WE ARE OF THE OPINION THAT THE MATTER SHOULD BE RECALLED FOR FRESH HEARING. ACCOR DINGLY, THE MA NO. 137/HYD/2014 SMT. FARIDA ALLADIN ================= 2 ORDER OF THE ITAT IN ITA NO. 954/HYD/2012 DATED 4.7 .2013 IS HEREBY RECALLED AND THE APPEAL IS RESTORED ON THE F ILE OF THE TRIBUNAL. THE REGISTRY IS DIRECTED TO POST THE CAS E FOR HEARING AFRESH ON A SUITABLE DATE AND INFORM THE PARTIES. 4 IN THE RESULT, MA BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH OCTOBER, 2014. SD/ - (P.M. JAGTAP) ACCOUNTANT MEMBER SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER HYDERABAD, DATED THE 29 TH OCTOBER, 2014 TPRAO COPY FORWARDED TO: 1 . SMT. FARIDA ALLADIN, C/O. M/S. MAHESH, VIRENDER & S RIRAM, CAS, 6-3-788/36 & 37A, AMEERPET, HYDERABAD. 2 . THE ASST. CIT, CIRCLE - 6(1), HYDERABAD. 3. THE CIT(A) - IV, HYDERABAD. 4 . THE CIT - III , HYDERABAD. 5 . THE DR A BENCH, ITAT, HYDERABAD