Indraprastha Nagari Sahakari Patsanstha Ltd., Sangli V. Income-Tax Officer, Ward -5, Sangli

MA 153/PUN/2023

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 1678 (ITAT-PUNE)
• Duration Of Justice: 11 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-06-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 02-05-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 21-06-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GOPAL RANWLANI
• Section: 68; 80P

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY BHAMORE, JUDICIAL MEMBER MA No.153/PUN/2023 (Arising out of ITA No.184/PUN/2022) Assessment Year : 2018-19 Indraprastha Nagari Sahakari Patsanstha Ltd. Islampur, Walwa, Sangli – 415409 Vs. ITO, Ward-5, Sangli PAN : AAAAI0626B (Applicant) (Respondent) Applicant by : Shri S S Gudhate Department by : Shri Gopal Ranwlani Date of hearing : 07-06-2024 Date of pronouncement : 12-06-2024 O R D E R PER R. K. PANDA, VP : The assessee through this Miscellaneous Application has requested the Tribunal to re-call the order passed by it on the ground that certain mistakes apparent from record have crept in the order. 2. Ld. Counsel for the assessee referring to the contents of Miscellaneous Application submitted that in the original assessment order passed on 30.04.2021, the deduction u/s 80P of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) claimed by the assessee of Rs.65,81,366/- was disallowed and the Assessing 2 MA No.153/PUN/2023 Officer had also made addition of Rs.3,57,44,782/- u/s 68 of the Act. However, the Tribunal in the order dated 20.12.2022 has erroneously allowed the deduction u/s 80P of the Act at Rs.3,57,44,782/- instead of allowing the deduction u/s 80P of Rs.65,81,366/- and deleting the addition made u/s 68 of Rs.3,57,44,782/-. Thus, as against the disputed addition in the appeal at Rs.4,23,26,120/-, the Tribunal in the order dated 20.12.2022 has allowed the deduction of Rs.3,57,44,782/- u/s 80P of the Act. The Ld. Counsel for the assessee accordingly submitted that the order passed by the Tribunal be recalled and the appeal be heard afresh. 3. The Ld. DR on the other hand, fairly conceded that certain errors have crept in the order of the Tribunal which requires recall of the entire order. 4. We have heard the rival arguments made by both the sides. We find the Assessing Officer in the instant case passed the order rejecting the claim of deduction u/s 80P of the Act at Rs.65,81,336/- and has also made further addition of Rs.3,57,44,782/- u/s 68 of the Act. We find the CIT(A) vide order dated 14.03.2022 dismissed the appeal filed by the assessee. We find the Tribunal in the instant case adjudicated the appeal on account of denial of deduction amounting to Rs.3,57,44,782/- u/s 80P(2)(a)(i) of the Act as against the denial of deduction u/s 80P at Rs.65,81,366/- and the addition of Rs.3,57,44,782/- u/s 68 of the Act. Thus, an apparent error has crept in the order of the Tribunal which requires rectification. We, therefore, deem it proper to recall the order of the Tribunal for adjudication 3 MA No.153/PUN/2023 afresh. The Registry is directed to issue notice for hearing in the regular course. The Miscellaneous Application filed by the assessee is accordingly allowed. 5. In the result, the Miscellaneous Application filed by the assessee is allowed. Order pronounced in the open Court on 12 th June, 2024. Sd/- Sd/- (VINAY BHAMORE) (R. K. PANDA) JUDICIAL MEMBER VICE PRESIDENT प ु णे Pune; दिन ांक Dated : 12 th June, 2024 GCVSR आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपीलार्थी / The Appellant; 2. प्रत्यर्थी / The Respondent 3. 4. The concerned Pr.CIT, Pune DR, ITAT, ‘A’ Bench, Pune 5. गार्ड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune 4 MA No.153/PUN/2023 S.No. Details Date Initials Designation 1 Draft dictated on 11.06.2024 Sr. PS/PS 2 Draft placed before author 11.06.2024 Sr. PS/PS 3 Draft proposed & placed before the Second Member JM/AM 4 Draft discussed/approved by Second Member AM/AM 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order