The Principal Commissioner Of Income Tax-2, Bengaluru V. Sericulturists Cum Farmers Service Co-operative Society Limited, Bengaluru

MA 18/BANG/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 5369 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 31-07-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 04-07-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 02-05-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V. PARITHIVEL
• Section: 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER M.P. No. 18/Bang/2024 (in ITA No. 425/Bang/2022) Assessment Year : 2017-18 M/s. Sericulturists Cum Farmers Service Co-operative Society Ltd., 01SFCS Building, Near bus stop, Sarjapura town, Anekal Taluk, Bengaluru – 562 125. PAN: AAAAS6468H Vs. The Principal Commissioner of Income Tax – 2, Bengaluru. APPELLANT RESPONDENT Assessee by : None Revenue by : Shri V. Parithivel, JCIT-DR Date of Hearing : 05-07-2024 Date of Pronouncement : 01-08-2024 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present miscellaneous petition is filed by the revenue seeking rectification of a typographic mistake that has crept in the order passed by this Tribunal dated 26.09.2022. 2. It is submitted that the appeal was filed by the assessee against an order u/s. 263. However, while remitting the issue was remanded to the Ld.AO. Page 2 of 3 M.P. No. 18/Bang/2024 (in ITA No. 425/Bang/2022) The Ld.DR thus submitted that the direction of remanding the issue to the concerned authority needs to be rectified. We have perused the submissions advanced by both sides in the light of records placed before us. 3. We note that there is no mistake apparent on record as submitted by the Ld.DR. In para 20 of the impugned order, the matter was already remitted by the Ld.PCIT to assessing officer, in order to verify the cash deposited in terms of the CBDT guidelines. We therefore do not find any error in the observations of this Tribunal in the impugned order as this Tribunal has simply emphasised the directions of the Ld.PCIT once again while passing the impugned order. We accordingly direct the Ld.AO to follow the directions of the Ld.PCIT in para 20 of the order dated 30.03.2022 passed u/s. 263 of the act. In the result, the miscellaneous petition filed by the revenue stands dismissed. Order pronounced in the open court on 01 st August, 2024. Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 01 st August, 2024. /MS / Page 3 of 3 M.P. No. 18/Bang/2024 (in ITA No. 425/Bang/2022) Copy to: 1. Appellant 4. CIT(A) 2. Respondent 5. DR, ITAT, Bangalore 3. CIT 6. Guard file By order Assistant Registrar, ITAT, Bangalore