The ACIT, Circle-4, Baroda V. Rinki Hydrocrbons Ltd, Baroda

MA 239/AHD/2008

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4748 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-09-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 1996-1997
• Appeal Filed On: 17-10-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R K DHANISTA
• Assessee Lawyers: M J SHAH
• Keywords: Rectification of order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL : D BENCH : AHMEDABAD (BEFORE HONBLE SHRI T.K. SHARMA, J.M. & HONBLE SH RI N.S. SAINI, A.M.) M.A. NO. 239/AHD/2008 (ARISING OUT OF I.T.A. NO. 2488/AHD./2000) ASSESSMENT YEAR : 1997-1998 JOINT COMMISSIONER OF INCOME TAX (ASST.), -VS.- RINKI HYDROCARBONS LTD., BARODA SPECIAL RANGE-3, BARODA (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI R.K. DHANI STA, SR. D.R. RESPONDENT BY : SHRI M.J. SHAH O R D E R PER SHRI T.K. SHARMA, JUDICIAL MEMBER :- THIS MISCELLANEOUS APPLICATION IS FILED BY THE REVENUE POINTING OUT THAT TRIBUNAL HAS COMMITTED CE RTAIN MISTAKES IN THE ORDER OF THE TRIBUNAL DATED 28.12.2007 IN ITA NO. 2488/AHD/2000 FOR THE A SSESSMENT YEAR 1997-1998. THE CONTENTS OF THE MISCELLANEOUS APPLICATION ARE AS UNDER :- THE HON'BLE ITAT, D BENCH, AHMEDABAD, VIDE THEIR CONSOLIDATED ORDER DATED 28.12.2007 IN ITA NOS. 2487, 2488 AND 2526/AHD/2000 HAVE DISPOSED OF THE APPEALS FILED BY THE REVENUE AS WELL AS THE ASSESSE ES. HOWEVER, IN RESPECT OF ITA NO. 2488/AHD/2000 IN THE CASE OF RINKI HYDROCARBONS LTD. THE ASSESSMENT YEAR WAS MENTIONED AS 1997-98, WHEREAS THE ASSESSMENT OR DER AS WELL AS THE ORDER OF THE LD. CIT(APPEALS) WAS CONSIDERED BY THE HON'BLE ITAT FOR ASSESSMENT YEAR 1996-97. IT IS, THEREFORE, PRAYED THAT THE HON'BLE ITAT MAY PASS A RECTIFICATION ORDER TO THAT EFFECT AS IT MAY DEED FIT. 2. BY WAY OF THIS MISCELLANEOUS APPLICATION, THE RE VENUE HAS REQUESTED FOR AMENDING THE ORDER PASSED BY THE TRIBUNAL IN ITA NO. 2488/AHD/20 00 DATED 28.12.2007, WHEREBY THE TRIBUNAL HAS MISTAKENLY MENTIONED THE ASSESSMENT YE AR 1997-98, INSTEAD OF 1996-97 IN (I) TOP OF THE 1 ST PAGE IN CAUSE TITLE (II) IN PAGE 3, PARAS NO. 8 & 10, (III) PAGE 6, PA RA 15 & (IV) PAGE-7, PARA 20(2) 1997-98, INSTEAD OF 1996-97 . AFTER GOING THROUGH THE RECORDS, WE FIND THAT THERE ARE TYPOGRAPHICAL MISTAKE AND THE C ORRECT ASSESSMENT YEAR IS 1996-97 INSTEAD OF 1997-98. ACCORDINGLY, THE ASSESSMENT YEAR SHOULD BE READ AS 1996-97 INSTEAD OF 1997-98 AS 2 M.A. NO. 239/AHD/2008 MENTIONED ABOVE IN RESPECT OF ASSESSEE NAMELY M/S. RANKI PETROCHEM PVT. LTD. WE RECTIFY THIS MISTAKE AS UNDER :- (I) THE TITLE OF THE APPEAL SHOULD BE READ AS UND ER :- ITA NO. 2487 AND 2488/AHD/2009 ASSESSMENT YEAR : 1996-97 ITA NO. 2526/AHD/2000 ASSESSMENT YEAR 1996-1997 (II) IN PARAS NO. 8 & 10 OF PAGE 3, PARA NO. 15 ON PAGE 6 AND PARA NO. 20(2) ON PAGE 7, ASSESSMENT YEAR SHOULD BE READ AS 1996-97 INSTEAD OF 1997-98. 3. TO THE EXTENT INDICATED ABOVE, THE TRIBUNALS OR DER DATED 28.12.2007 IN I.T.A. NO. 2488/AHD/2000 STANDS MODIFIED. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE DEPARTMENT IS ALLOWED. THE ORDER PRONOUNCED IN THE COURT ON 24.09.2010 SD/- SD/- (N.S. SAINI) (T.K. SHARMA ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 24 / 09 / 2010 COPY OF THE ORDER IS FORWARDED TO : 1) THE ASSESSEE (2) THE RESPONDENT 3) CIT(A) CONCERNED, (4) CIT CONCERNED,(5) D.R., ITAT, AHMEDABAD. TRUE COPY BY ORDER DEPUTY REGISTRAR, ITAT, AHMEDABAD LAHA/SR.P.S.