M/s Sri Vishnu Cements Ltd, Kadapa V. ACIT, Circle-2(1), Tirupathi

MA 197/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9380 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-11-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 12-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIDISHA KALRA
• Assessee Lawyers: A C GANGAIAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER MA NO. 197/HYD/2012 IN ITA NO. 491/HYD/2012 AY 1998-99 M/S. SHRI VISHNU CEMENTS LTD. KADAPA PAN: AADCS4055M VS. THE ASST. CIT, CIRCLE-2(1) TIRUPATI APPELLANT RESPONDENT APPELLANT BY: SRI A.C. GANGAIAH RESPONDENT BY: SMT. VIDISHA KALRA DATE OF HEARING: 16.11.2012 DATE OF PRONOUNCEMENT: 16.11.2012 O R D E R PER CHANDRA POOJARI, AM: THIS MISCELLANEOUS APPLICATION (MA) BY THE ASSESSE E IS SEEKING RECTIFICATION IN THE ORDER OF THE TRIBUNAL DATED 24 TH AUGUST, 2012. 2. THE LEARNED AR SUBMITTED THAT THERE WAS WRONG MENTI ONING OF ASSESSMENT YEAR AS 1997-98 IN PAGE NO. 1, 4 AND 5 O F THE TRIBUNAL ORDER INSTEAD OF ASSESSMENT YEAR 1998-99 AND IT SHOULD BE CORRECTED ACCORDINGLY. 3. WE HAVE HEARD BOTH THE SIDES AND PERUSED THE MATERI AL ON RECORD. WE FIND THERE IS AN ERROR CREPT IN THE ORD ER OF THE TRIBUNAL IN PARA 1 PAGE NO. 1, PARA 7 IN PAGE NO. 4 AND PARA 10 IN PAGE NO. 5. ACCORDINGLY, THE ASSESSMENT YEAR SHOULD BE READ AS A.Y. 1998-99 IN THESE PARAS INSTEAD OF A.Y. 1997-98. 4. IN THE RESULT, THE MA BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH NOVEMBER, 2012. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED 16 TH NOVEMBER, 2012 TPRAO M.A. NO. 197/HYD/2012 M/S. SHRI VISHNU CEMENTS LTD. ======================== 2 COPY FORWARDED TO: 1. M/S. VISHNU CEMENTS LTD., (MERGED WITH ZUARI CEMENT LTD.) NO. 1, 10 TH MAIN, JEEVANBHIMA NAGAR, BANGALORE-560 075. 2. THE ASST. CIT, CIRCLE - 2 ( 1 ), TIRUPATI . 3. THE CIT(A), GUNTUR 4. THE CIT, TIRUPATI. 5 . THE DR B BENCH, ITAT, HYDERABAD.