TWINKE ENVIRO TECH LTD, V. ASST CIT CEN CIR 14,

MA 183/MUM/2015

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8123 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 5 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 12-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V VINOD KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E, BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI RAVISH SOOD, JM MA NOS. 182 & 183/MUM/2015 (ARISING OUT OF ITA NO.1753 & 1754/MUM/2013 ( ASSESSMENT YEAR: 2009-10 & 2010-11) M/S TIWNKLE ENVIRO TECH LTD., 317/318, PARVATI INDL. ESTATE, SUNMILL COMPOUND, LOWER PAREL (WEST), MUMBAI-400013. VS. A.C.I.T., CENTRAL CIRCLE-14, MUMBAI. PAN/GIR NO.AAACT 4038 N (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY NONE REVENUE BY SHRI V. VINOD KUMAR (DR) DATE OF HEARING 29/11/2019 DATE OF PRONOUNCEMENT 22/01/2020 / O R D E R PER: R.C. SHARMA, A.M. BY WAY OF THESE MISC. APPLICATIONS, THE ASSESSEE S EEKS RECTIFICATION IN THE TRIBUNAL ORDER DATED 15/06/201 5 PASSED IN ITA NOS. 1753 & 1754/MUM/2013 FOR THE A.Y. 2009-10 & 20 10-11. 2. IN THE MISC. APPLICATION, THE ASSESSEE HAS STATE D AS UNDER: 1. THE ABOVE APPEAL HAS BEEN DECIDED VIDE A COMMON ORDER DATED 30 TH JUNE,2015 ALONGWITH SEVERAL OTHER APPEALS OF THE SAME ASSESSEE. WHILE GOING THROUGH T HE ORDER, IT IS NOTICED THAT THERE IS A MISTAKE IN THE RELEVANT MA NO. 182 & 183/MUM/2015 M/S TWINKLE ENVIRO TECH LTD. VS ACIT 2 FIGURE. HENCE, THIS APPLICATION IS BEING FILED FOR RECTIFICATION OF THE SAME. 2. AT PAGE 9 OF THE ORDER, PARA 10, THE AMOUNT OF INVESTMENT MADE IN THE GROUP CONCERNS FOR THE A.Y. 2009-10 IS STATED TO BE RS. 11.30 CRORES. THE SAME FIGURE HAS BEEN REPEATED AT PAGE 10 OF THE ORDER, I N THE CONCLUDING PORTION OF PARA 11. IT IS SUBMITTED THAT THE CORRECT FIGURE OF THE STRATEGIC INVESTMENT MADE IN THE GROUP CONCERNS IS NOT RS. 11.30 CRORES BUT RS. 113. 05 CRORES. THIS IS VERY CLEAR FROM THE RELEVANT EXTRAC T OF THE BALANCE SHEET FILED DURING THE COURSE OF THE HEARIN G. IT MAY BE STATED THAT THE SAME MISTAKE IS COMMITTED IN THE FIGURE FOR THE A.Y. 2010-11. THE FIGURE OF RS. 26.4 4 CRORES FOR THE A.Y. 2008-09 IS CORRECT. 3. IN VIEW OF THE ABOVE, IT IS REQUESTED THAT THE O RDER MAY KINDLY BE RECTIFIED BY REPLACING THE CORRECT FIGURE OF RS. 113.05 CRORES IN PLACE OF THE INCORRECT FIGURE OF R S. 11.30 CRORES. 3. WE HAVE HEARD THE LD. DR AND GONE THROUGH THE CO NTENTS OF THE MISC. APPLICATION AND FOUND THAT THERE IS A TYPOGRA PHICAL MISTAKE IN SO FAR AS AT PARA 10 PAGE NO. 9 OF THE ORDER, THE AMOU NT OF STRATEGIC INVESTMENT MENTIONED AT RS. 11.30 CRORES WHICH IS A CTUALLY RS. 113.05 CRORES. THIS AMOUNTS OF MISTAKE APPARENT FROM THE R ECORD, ACCORDINGLY, WE RECTIFY THE TYPOGRAPHICAL MISTAKE S O AS TO READ THE AMOUNT OF STRATEGIC INVESTMENT AT RS. 113.05 CRORES . MA NO. 182 & 183/MUM/2015 M/S TWINKLE ENVIRO TECH LTD. VS ACIT 3 4. IN THE RESULT, THIS MISC. APPLICATION IS ALLOWED IN TERMS INDICATED HEREINABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND JANUARY, 2020. SD/- (RAVISH SOOD) SD/- (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED 22/01/2020 *RANJAN COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//