Shanthi Logistics (P) Ltd., CHENNAI V. ACIT, CHENNAI

MA 182/CHNY/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1354 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-01-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 10-01-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 18-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S SRI HARI RAO
• Assessee Lawyers: V S JAYAKUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : CHENNAI BEFORE DR. O.K. NARAYANAN, VICE PRESIDENT & SHRI VIKAS AWASTHY, JUDICIAL MEMBER M.P. NO. 182/MDS/2013 ( IN ITA NO. 1636/MDS/2010 & C.O.NO.133//MDS/2013 ) ASSESSMENT YEAR : 2007-08 M/S. SHANTHI LOGISTICS (P) LTD., 72, NAINIAPPAN STREET, MANNADY, CHENNA-600 001. [PAN: AAFCS 3448 G] (PETITIONER) VS ACIT, COMPANY CIRCLE-VI(2), AAYAKAR BHAVAN, NEW BLOCK, 121, MG ROAD, CHENNAI-600 034 (RESPONDENT) PETITIONER BY : SHRI V.S.JAYAKUMAR, ADV RESPONDENT BY : SHRI S.SRIHARI RAO, ADDL.CIT DATE OF HEARING : 10-01-2014 DATE OF PRONOUNCEMENT : 10-01-2014 O R D E R PER VIKAS AWASTHY, JUDICIAL MEMBER: THE MISCELLANEOUS PETITION U/S.254 HAS BEEN FILED BY THE ASSESSEE SEEKING RECTIFICATION OF THE ORDER DATED 2 6-09-2013 IN M.P. NO. 182/MDS/2013 :- 2 -: ITA NO. 1636/MDS/2010 AND C.O. NO. 133/MDS/2013 FOR ASSESSMENT YEAR 2007-08. 2. SHRI V.S.JAYAKUMAR, APPEARING ON BEHALF OF THE A SSESSEE SUBMITTED THAT IN PARA ONE AT PAGE NO.2 OF THE ORDE R OF THE TRIBUNAL, THE REFERENCE HAS BEEN MADE TO THE ORDER OF THE HONBLE JURISDICTIONAL HIGH COURT DATED 02-04-2012 IN ASSES SEES CASE. THE SAID ORDER OF THE HONBLE HIGH COURT WAS AMENDE D BY THE HONBLE COURT VIDE ORDER DATED 26-08-2013 AND ENDOR SEMENT TO THIS EFFECT HAS BEEN MADE. AT THE END OF THE ORDER BY THE ASST. REGISTRAR OF THE HONBLE HIGH COURT ON 05-09-2013. THE AMENDMENT HAS BEEN MADE IN PARA NO. 13 OF THE ORDER OF THE HONBLE HIGH COURT BY REPLACING THE YEAR 2008 WITH 2010 IN RESPECT OF THE FINANCE ACT. THE LD.COUNSEL FURTHER SUBMITTED THAT THE TRIBUNAL HAS NOT MADE REFERENCE OF THE AMENDMEN T CARRIED OUT IN THE ORDER OF THE HONBLE HIGH COURT. AT PA GE NO.9 OF THE ORDER OF THE TRIBUNAL, REFERENCE HAS BEEN MADE TO T HE FINANCE ACT, 2008. IN PURSUANCE TO THE AMENDMENT MADE IN T HE ORDER OF THE HONBLE HIGH COURT, THE WORDS FINANCE ACT, 2008 HAS TO BE REPLACED WITH FINANCE ACT, 2010. THE LD.AR SUBMITTED THAT THE M.P. NO. 182/MDS/2013 :- 3 -: AMENDED ORDER OF THE HONBLE HIGH COURT WAS PLACED ON RECORD AT THE TIME OF HEARING OF THE APPEAL. 3. SHRI S.SRIHARI RAO, REPRESENTING THE DEPARTMENT RAISED NO OBJECTION TO THE RECTIFICATION SOUGHT BY THE LD.COU NSEL FOR THE ASSESSEE. 4. BOTH SIDES HEARD. WE ARE OF THE CONSIDERED OPIN ION THAT THE MISTAKE IN THE ORDER AS POINTED BY THE LD.COUNSEL F OR THE ASSESSEE IS A FACTUAL MISTAKE WHICH NEEDS RECTIFICA TION, ALTHOUGH IT WILL HAVE NO BEARING ON THE FINAL RESULT OF THE APPEAL. THE RECTIFICATION IS NECESSITATED TO PUT THE RECORDS IN ORDER. ACCORDINGLY, IN PARA NO.1 AT PAGE NO.2 FOLLOWING WO RDS ARE INSERTED AFTER, THE HONBLE JURISDICTIONAL HIGH COURT ORDER DATED 02-04-2012. AS AMENDED BY THE ORDER OF THE HONBLE HIGH COURT DATED 26-08-2013 M.P. NO. 182/MDS/2013 :- 4 -: IN PURSUANCE OF THE AMENDED ORDER OF THE HONBLE HI GH COURT, AT PAGE NO.9 OF THE ORDER OF THE TRIBUNAL, THE YEAR OF FINANCE ACT, 2008, IS REPLACED WITH 2010. NOW, THE FINANCE ACT 2008 BE READ AS FINANCE ACT, 2010 . 5. THERE WILL BE NO CHANGE IN THE FINAL OUTCOME OF THE APPEAL AND THE CROSS-OBJECTIONS. THE MISCELLANEOUS PETITI ON FILED BY THE ASSESSEE IS ACCORDINGLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON FRIDAY, THE 10 TH JANUARY, 2014 AT CHENNAI. SD/- SD/- (DR. O.K. NARAYANAN) (VI KAS AWASTHY) VICE PRESIDENT JUDICIAL MEMBER DATED: 10 TH JANUARY, 2014 TNMM COPY TO: PETITIONER/RESPONDENT/CIT(A)/CIT/DR