Sri. A. Mahesh Reddy, Hyd., Hyderabad V. ACIT,CC-3, Hyd., Hyderabad

MA 206/HYD/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1116 (ITAT-HYDERABAD)
• Duration Of Justice: 3 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-11-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 14-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K YADGIRI
• Assessee Lawyers: A V RAGHURAM

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER MISC. APPLICATION NO.206/HYD/2013 (IN ITA NO.1241/HYD/2012) (ASSESSMENT YEAR 2008 - 09) SHRI A.MAHESH REDDY, HYDERABAD ( PAN AFRPA 3826 N ) V/S ASST. COMMISSIONER OF INCOME - TAX CENTRAL CIRCLE 3, HYDERABAD. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI A.V.RAGHURAM RESPONDENT BY : SHRI K.YADGIRI DR DATE OF HEARING 29.11.2013 DATE OF PRONOUNCEMENT 29.11.2013 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: BY THIS APPLICATION, APPLICANT SEEKS RECTIFICATION OF THE ORDER OF THIS TRIBUNAL DATED 19.4.2013 INSOFAR AS IT RELATED TO ITA NO.1241/HYD/2012 FOR THE ASSESSMENT YEAR 2008 - 09, ON THE GROUND THAT CERTAIN MISTAKE APPARENT FROM RECORD HAS CREPT INTO THE SAME. 2. WE HEARD BOTH SIDES AND PERUSED THE ORDER OF THE TRIBUNAL IN THE LIGHT OF THE AVERMENTS MADE BY THE ASSESSEE IN THE PRESENT APPLICATION. THE ONLY MISTAKE POINTED OUT BY THE ASSESSEE IN THE PRESENT APPLICATION RELATES TO THE SUMMING UP OF THE DECISI ON OF THE TRIBUNAL IN ITA NO.1241/HYD/2012 IN PARA 75 OF ITS ORDER DATED 19.4.2013 , INSOFAR AS IT RELATED TO AN ADDITION OF RS.3,67,19,000 . IT IS THE CASE OF THE ASSESSEE THAT WHILE THE TRIBUNAL HAS DELETED EVEN THAT PART OF THE ADDITION OF RS.3,67,19,000 , WHICH HAS BEEN SUSTAINED BY THE CIT(A), WHILE SUMMING UP IN PARA 75, IT HAS MENTIONED THAT IT IS INCLINED TO REVERSE THE ORDER OF THE CIT(A) . THOUGH THERE IS NO SIGNIFICANT/MATERIAL MISTAKE APPARENT FROM RECORD IN THE ORDER OF THE TRIBUNAL, AS AN ABU NDANT MEASURE OF MA NO.207/HYD/2013 (IN ITA NO. 1048 /HYD/ 1 2) SHRI AKKI VENKATESWARA REDDY, NELLORE. 2 PRE CAUTION AND CONSIDERING THE APPREHENSIONS OF THE ASSESSEE AS TO THE AMBIGUITY THAT PARA 75 OF OUR ORDER MAY GIVE RISE TO, WE RECTIFY PARA 75 OF OUR ORDER DATED 19.4.2013 AND SPECIFY IN CATEGORICAL TERMS THAT THE ADDITION SUSTAINED BY TH E CIT(A) IS ALSO DELETED. ACCORDINGLY, WE DIRECT THAT PARA 75 OF OUR ORDER STANDS MODIFIED AND IT SHOULD BE READ AS FOLLOWS - 75. IN VIEW OF THE ABO V E DISCUSSION, WE ARE INCLINED TO DELETE THE ADDITION SUSTAINED BY CIT(A), AND ACCORDINGLY GROUND OF THE A SSESSEE ON THIS ISSUE IS ALLOWED. IN THE R E SU L T, ITA NO.1241/HYD/2012 IS PARTLY ALLOWED. 3. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT AT THE CONCLUSION OF HEARING ON 29.11.2013 SD/ - SD/ - ( ASHA VIJAYARAGHAVAN ) ( CHANDRA POOJARI ) JUDICIAL MEMBER. ACCOUNTANT MEMBER. D T/ - 29 TH NOVEMBER, 2013 COPY FORWARDED TO: 1. 2. SHRI A.MAHESH REDDY, H - 6,/106, 1 ST FLOOR, HANGING GARDENS, 8 - 2 - 602/C, ROAD NO.1, BANJARA HILLS, HYDERABAD ASST. COMMISSIONER OF INCOME - TAX CENTRAL CIRCLE 3, HYDERABAD 3 . COMMISSIONER OF INCOME - TAX(APPEALS) VII HYDERABAD 4. COMMISSIONER OF INCOME - TAX CENTRAL HYDERABAD 5 DEPARTMENTAL REPRESENTATIVE ITAT HYDERABAD B.V.S.