DAULATABEN NOORALI RANGARA, V. ITO WD 6(3)(3),

MA 163/MUM/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3771 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-12-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 20-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: H M WANARE
• Assessee Lawyers: SANJAY R PARIKH
• Keywords: Rectification of order
• Section: 68

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE S/SHRI B.R.BASKARAN (AM) AND AMIT SHUKLA, (JM) . . , , MISCELLANEOUS APP LICATION NO. 163 /MUM/2015 ARISING OUT OF I.T.A. NO. 5289 / MUM/20 1 2 ( / ASSESSMENT YEAR : 2 0 0 7 - 08 ) SMT.DAULATBEN NOORALI RANGARA, C/O MALIK TYRE S , 93, DR.MAISHERI ROAD, DONGRI, MUMBAI - 4000 09 / VS. THE INCOME TAX OFFICER, WARD 6(3)(3), AAYAKA R BHAVAN, M K ROAD, MUMBAI - 400020 ( / APPELLANT ) .. ( / RESPONDENT ) ./ ./PAN : ADLPR3011L / APPELLANT BY SHRI SANJAY R PARIKH / RESPONDENT BY SHRI H M WANARE / DATE OF HEARING : 18.12. 201 5 / DATE OF PRONOUNCEMENT : 18.12.2015 / O R D E R PER B.R. BASKARAN (AM) THE ASSESSEE HAS MOVED THIS MISCELLANEOUS APPLICATION SEEKING RECTIFICATION OF MISTAKE THAT OCCURRED IN THE IMPUGNED ORDER DATED 20 - 03 - 2015 PASSED BY THE TRIBUNAL. 2. WE HEARD THE PARTIES AND PERUSED THE RECORD. THE ISSUE THAT WAS DECIDED THE TRIBUNAL WAS RELATED TO THE ADDITION MADE BY THE AO U/S 68 OF THE ACT. THE TRIBUNA L CONFIRMED THE ADDITION RELATING TO THE FOLLOWING RECEIPTS: - M A NO. 163 /MUM/2015 2 RECD PLOT TALOJA 2,77,600 RECD FLAT AT KLAMBOLI 1,22,400 THE AGGREGATE AMOUNT OF BOTH THE ABOVE SAID RECEIPTS WORKS OUT TO RS.4.00 LAKHS, WHERE AS THE TRIBUNAL HAS TAKEN IT AS RS.5.00 LAKHS AND ACCORDINGLY PASSED THE ORDER. HENCE THE SAME HAS RESULTED IN A MISTAKE APPARENT FROM RECORD, WHICH FACT WAS ALSO AGREED BY LD D.R. 3. IN VIEW OF THE ABOVE, WE ORDER THAT AMOUNT OF RS.5.00 LAKHS, WHERE EVER IT OCCURS IN PARAGRAPH NO.7 OF THE IMPUGNED ORDER, SHALL REPLACED BY RS.4.00 LAKHS. WE ORDER ACCORDINGLY. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. PRONOUNCED ACCORDINGLY ON 18TH DEC , 201 5. 18 TH DEC. , 2015 SD SD ( / AMIT SHUKLA) ( . . / B.R. BASKARAN) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI: 18TH DEC. 201 5 . . . ./ SRL , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - CONCERNED 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI CONCERNED 6. / GUARD FILE. / BY ORDER, TRUE COPY (ASSTT. REGISTRAR) , /ITAT, MUMBAI