M/s UPAL Developers Pvt. Ltd., Lucknow V. Dy. Commissioner of Income Tax, Lucknow

MA 19/LKW/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 7102 (ITAT-LUCKNOW)
• Duration Of Justice: 2 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-08-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 31-05-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R K VISHWAKARMA
• Assessee Lawyers: SHWETA MITTAL ACA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI. T.S. KAPOOR, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER M.A. NO.19/LKW/2018 [IN ITA NO. 378/LKW/2016] ASSESSMENT YEAR: 2012 - 13 UPAL DEVELOPERS PVT. LTD. AROMA COMPLEX 7 - A, HABIBULLAH ESTATE HAZRATGANJ, LUCKNOW V. DY. CIT RANGE 6 LUCKNOW T AN /PAN : AAACU7953K (APP LIC ANT) (RESPONDENT) APP LIC ANT BY: SMT. SHWETA MITTAL, ACA RESPONDENT BY: SHRI R. K. VISHWAKARMA, D.R DATE OF HEARING: 10 08 201 8 DAT E OF PRONOUNCEMENT: 24 08 201 8 O R D E R PER P ARTHA SARATHI CHAUDHURY, J.M : THIS MISCELLANEOUS APPLICATION PREFERRED BY THE ASSESSEE EMANATES FROM THE ORDER OF THE TRIBUNAL DATED 18/5/2018 IN ITA NO.378/LKW/2016, WHICH IS THE APPEAL PREFERRED BY THE REV ENUE. 2 . SUBMISSION OF THE ASSESSEE IS THAT IN THE ORDER OF THE TRIBUNAL TWO APPEALS A RE INVOLVED AND BOTH THE APPEALS WERE DISMISSED. ASSESSEE SEEKS TO CORRECT THE MISTAKE APPARENT ON RECORD ON TWO GROUNDS AS PROVIDED IN THE MISCELLANEOUS APPLICATION. HO WEVER, WITH REGARD TO GROUND NO.2 RELATING TO NON - ADJUDICATION OF GROUND RELATING TO DISALLOWANCE OF INTEREST ON BORROWED CAPITAL, ASSESSEE HAS MOVED AN APPLICATION WITH A REQUEST TO ALLOW THE ASSESSEE TO WITHDRAW THIS GROUND. CONSIDERING THE REQUEST OF T HE ASSESSEE, WE ALLOW THE ASSESSEE M.A. NO.19/LKW/2018 PAGE 2 OF 2 TO WITHDRAW THIS GROUND . ACCORDINGLY, GROUND NO.2 OF THE MISCELLANEOUS APPLICATION IS DISMISSED AS WITHDRAWN. 3 . FIRST GROUND IS WITH REGARD TO THE NAME OF RESPONDENT. IN THE CAUSE TITLE , THE NAME OF RESPONDENT IS WRONGLY MENTIONED AS M/S U.P. ASBESTOS PVT. LTD. INSTEAD OF M/S UPAL DEVELOPERS PVT. LTD.. THIS IS AN APPARENT MISTAKE WHICH NEEDS TO BE RECTIFIED. WE, THEREFORE, RECTIFY THE MISTAKE AND SUBSTITUTE THE NAME OF THE ASSESSEE AS M/S UPAL DEVELOPERS PVT. LTD. IN PLACE OF M/S U.P. ASBESTOS PVT. LTD. IN THE CAUSE TITLE. REST OF THE ORDER SHALL REMAIN UNCHANGED. ACCORDINGLY, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS PARTLY ALLOWED AS INDICATED ABOVE. 4 . IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSES SEE IS PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 24 / 0 8 / 201 8 . SD/ - SD/ - [ T.S. KAPOOR ] [PARTHA SARATHI CHAUDHURY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 24 TH AUGUST , 201 8 JJ: 1308 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR