ACIT, Circle - 52, , Kolkata V. Shri Dipak Basu, Kolkata

MA 201/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6910 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-01-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 24-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Sale consideration of property below Jantri Value

Judgement Text

1 MA NO.201/KOL/2018 DIPAK BASU, AY- 2011-12 , B , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA ( ) . . , . ' # $% % , '( ) [BEFORE SHRI A. T. VARKEY, JM & DR. A. L. SAINI, A M] M.A. NO.201/KOL/2018 IN I.T.A. NO. 580/KOL/2014 ASSESSMENT YEAR: 2011-12 ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-52, KOLKATA. VS. SHRI DIPAK BASU (PAN: AAAJD0950C) APPLICANT RESPONDENT DATE OF HEARING 04.01.2019 DATE OF PRONOUNCEMENT 04.01.2019 FOR THE APPLICANT SHRI RADHEY SHYAM, CIT, DR FOR THE RESPONDENT SHRI PRATYUSH JHUNJHUNWALA, ADVO CATE ORDER PER SHRI A.T.VARKEY, JM THE REVENUE HAS PREFERRED THIS MISC. APPLICATION FO R RECTIFICATION OF ERROR CREPT IN TRIBUNALS ORDER DATED 01.03.2018 FOR AY. 2011-12. 2. AT THE OUTSET ITSELF, IT HAS BEEN BROUGHT TO O UR NOTICE BY THE LD. AR THAT THERE IS A TYPOGRAPHICAL MISTAKE IN THE CAUSE TITLE AS WELL AS IN PARA 1 OF THE TRIBUNALS ORDER DATED 01.03.2018. ACCORDING TO HIM, THE AY IN THE IMPUGN ED ORDER IS WRONGLY TYPED AS AY 2010-11 INSTEAD OF AY 2011-12. THE LD. CIT, DR AGR EES THAT THERE IS A TYPOGRAPHICAL ERROR. IN THE LIGHT OF THE ABOVE, WE NOTE THAT THER E IS A TYPOGRAPHICAL ERROR IN THE ORDER OF THE TRIBUNAL IN THE CAUSE TITLE AS WELL AS IN THE FIRST PARAGRAPH OF THE ORDER WHEREIN AY 2010-11 HAS BEEN WRONGLY TYPED. IT MAY BE SUBSTITUTED AS A Y 2011-12. MISC. APPLICATION OF REVENUE IS ALLOWED. 2 MA NO.201/KOL/2018 DIPAK BASU, AY- 2011-12 3. IN THE RESULT, MISC. APPLICATION OF REVENUE IS A LLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (DR. A. L. SAINI) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 4 TH JANUARY, 2019 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT ACIT, CIRCLE-52, KOLKATA. 2 RESPONDENT SHRI DIPAK BASU, (RECEIVER OF DURGA DAS BASU), 528, JODHPUR PARK, KOLKATA-700 068. 3. 4. CIT(A)-XXXIII, KOLKATA(SENT THROUGH E-MAIL) CIT, XVIII, KOLKATA. 5. DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR