The Peerless Gen. fin. & Inv. Co. Ltd., Kolkata V. DCIT, Circle - 3(1), , Kolkata

MA 176/KOL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2037 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2003-2004
• Appeal Filed On: 19-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAURAV KUMAR CIT SR DR REV
• Assessee Lawyers: S K TULSIYAN
• Section: 244A; 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA B BENCH, KOLKATA (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI S.S. GODARA, JUDICIAL MEMBER) M.A. NO. 176/KOL/2018 A/O ITA NO. 879/KOL/2017 ASSESSMENT YEAR: 2003-04 THE PEERLESS GEN. FIN. & INV. CO. LTD...........................................APPELLANT 3, ESPLANADE EAST KOLKATA 700 069 [PAN : AABCT 3042 L] DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1), KOLKATA......................RESPONDENT APPEARANCES BY: SHRI S.K. TULSIYAN, ADVOCATE, APPEARED ON BEHALF OF THE ASSESSEE. SHRI SAURAV KUMAR, ADDL. CIT SR. D/R. APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : NOVEMBER 9 TH , 2018 DATE OF PRONOUNCING THE ORDER : NOVEMBER 16 TH , 2018 ORDER PER J. SUDHAKAR REDDY, AM :- BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE SUBMITS THAT A MISTAKE APPARENT ON RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNALS ORDER DT. SEPTEMBER 7 TH , 2018. 2. AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT CERTAIN TYPOGRAPHICAL ERRORS HAVE CREPT INTO THE ORDER AND WE RECTIFY THE SAME HEREBY, AS FOLLOWS. PARA 6.1. OF THE ORDER SHALL HENCEFORTH BE READ AS FOLLOWS:- 6.1. A PERUSAL OF THE NOTICE ISSUE PROPOSING RECTIFICATION IN THIS CASE, IN OUR VIEW, IS VAGUE, AS IT STATES AS FOLLOWS:- MISTAKE IN CALCULATION OF INTEREST U/S 244A THE NATURE OF MISTAKE IS NOT STATED. IN FACT THIS INTEREST WAS GRANTED ON THE DIRECTION OF AN APPELLATE AUTHORITY. HENCE THE PROPOSITION OF LAW LAID DOWN IN THIS CASE LAW APPLIES TO THE FACTS OF THE CASE. ACCORDINGLY THE IMPUGNED ORDER PASSED U/S 154 OF THE ACT, DT. 18/07/2008 , HAS TO BE QUASHED. BE IT AS IT MAY, THE INTEREST HAS BEEN CALCULATED AS PER THE DIRECTIONS OF THE APPELLATE AUTHORITY I.E. THE LD. CIT(A) IN THIS CASE, VIDE ITS ORDER DT. 22/01/2008 . WHEN AN ORDER IS PASSED IN COMPLIANCE WITH THE DIRECTIONS OF AN APPELLATE AUTHORITY, IT CANNOT BE CHANGE ON THE GROUND THAT THERE IS A MISTAKE APPARENT ON RECORD. 2 M.A. NO. 176/KOL/2018 A/O ITA NO. 879/KOL/2017 ASSESSMENT YEAR: 2003-04 THE PEERLESS GEN. FIN. & INV. CO. LTD 3. THIS MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. KOLKATA, THE 16 TH DAY OF NOVEMBER, 2018. SD/- SD/- [ S.S. GODARA] [ J. SUDHAKAR REDDY ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 16.11.2018 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. THE PEERLESS GEN. FIN. & INV. CO. LTD 3, ESPLANADE EAST KOLKATA 700 069 2. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES