Smt. P.Easwari, CHENNAI V. ACIT, CHENNAI

MA 14/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 5342 (ITAT-CHENNAI)
• Duration Of Justice: 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-03-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2003-2004
• Appeal Filed On: 23-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P B SEKARAN
• Assessee Lawyers: N DEVANATHAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH B CHENNAI (BEFORE SHRI HARI OM MARATHA, JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER) .. M.P. NO. 14/MDS/2011 (IN I.T.A. NO. 1274/MDS/2008) ASSESSMENT YEAR : 2003-04 SMT. P. EASWARI, NO.4 & 5, PRAKASAM STREET, JANAKI NAGAR, VALASARAWAKKAM, CHENNAI 600 007. PAN : AAEPE1790M (PETITIONER) V. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE I(3), CHENNAI 600 034. (RESPONDENT) PETITIONER BY : SHRI N. DEVANATHAN RESPONDENT BY : SHRI P.B. S EKARAN O R D E R PER HARI OM MARATHA, JUDICIAL MEMBER : THROUGH THIS MISCELLANEOUS PETITION FILED UNDER SE CTION 254(2) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER CALLED TH E ACT), IT HAS BEEN POINTED OUT THAT IN ITS COMMON ORDER PASSED IN I.T. A. NO. 1274/MDS/2008, INTER ALIA, DATED 22.5.2009, THERE I S A TYPOGRAPHICAL MISTAKE DUE TO OVERSIGHT AS ASSESSMENT YEAR 2003-04 WAS NOT MENTIONED, WHEREAS THE PETITIONER HAD RAISED THE SA ME ISSUE FOR ASSESSMENT YEAR 2000-01 TO 2002-03 AND ALSO FOR 200 3-04. THE M.P. NO. 14/MDS/11 2 TRIBUNAL HAS RESTORED GROUND NO.5 RELATING TO INTER EST PAID TO BANK FOR ALL THE YEARS. BUT, DURING THE ASSESSMENT YEAR 200 3-04, ALTHOUGH THE SAME DECISION WAS TAKEN, DUE TO OVERSIGHT THIS ASSE SSMENT YEAR WAS NOT MENTIONED IN PARA 12 TO 15 OF THE ORDER. 2. THE LEARNED D.R. DID NOT OBJECT TO THIS TYPOGRAP HICAL MISTAKE. HENCE, WE RECTIFY THE MISTAKE BY HOLDING THAT SAME RESULT WOULD APPLY REGARDING GROUND NO.5 RELATING TO INTEREST PAID TO BANK DURING ASSESSMENT YEAR 2003-04 AND THIS GROUND IS RESTORED BACK TO THE FILE OF A.O. FOR FRESH CONSIDERATION. 3. WITH THE ABOVE OBSERVATION, THE TRIBUNAL ORDER I S MODIFIED AND THE MISCELLANEOUS PETITION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HEARING ON THE EIGHTEENTH DAY OF MARCH, 2011. SD/- SD/- (ABRAHAM P. GEORGE) (HARI OM MARATHA) ACCOUNTANT MEMBER JUDICIAL MEMBER CHENNAI, DATED THE 18 TH MARCH, 2011. KRI. COPY TO: PETITIONER/RESPONDENT/CIT(A)/CIT/D.R./GUA RD FILE