G.Saibablu, Hyderabad V. Dy. Commissioner of Income Tax, Hyderabad

MA 248/HYD/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1423 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-01-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 01-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y YADAGIRI
• Assessee Lawyers: R SESHAGIRI RAO

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. APPLN. NO.248/HYD/2013 (IN ITA NO.1044/HYD/11 & C.O. NO.90/HYD/2012) : ASSTT. YEAR 2004 - 05 MISC. APPLN. NO.249/HYD/2013 (IN ITA NO.1045/HYD/11 & C.O. NO.91/HYD/2012) : ASSTT. YEAR 2005 - 06 MISC. APPLN. NO.250/HYD/2013 (IN ITA NO.1046/HYD/ 11 & C.O. NO.92/HYD/2012) : ASSTT. YEAR 2006 - 07 MISC. APPLN. NO.251/HYD/2013 (IN ITA NO.1109/HYD/11 & C.O. NO.93/HYD/2012) : ASSTT. YEAR 2007 - 08 SHRI G.SAI BABU, HYDERABAD. ( PAN - ACWPG 4794 R ) V/S. DY. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE 5 , HYDERABAD (APPLICANT) (RESPONDENT) AND MISC. APPLN. NO.252/HYD/2013 (IN ITA NO.1108/HYD/11 & C.O. NO.97/HYD/2012) : ASSTT. YEAR 2007 - 08 MISC. APPLN. NO.253/HYD/2013 (IN ITA NO.1047/HYD/11 & C.O. NO.94/HYD/2012) : ASSTT. YEAR 2004 - 05 MISC. APPLN. NO.254/HYD/2013 (IN ITA NO.1107/HYD/11 & C.O. NO.95/HYD/2012) : ASSTT. YEAR 2005 - 06 MISC. APPLN. NO.255/HYD/2013 (IN ITA NO.1148/HYD/11 & C.O. NO.96/HYD/2012) : ASSTT. YEAR 2006 - 07 SHRI G.SAILAJA, HYDERABAD. ( PAN - A BKPG 4 036 H ) V/S. DY. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE 5, HYDERABAD (APPLICANT) (RESPONDENT) MA NO. 248 /HYD/2013 & 7 OTHERS (IN I TA NO. 1044 / HYD/201 1 & 7 ORS AND COS THEREIN ) SHRI G. SAIBABU & ANR. HYDERABAD. 2 APPLICANT BY : SHRI R.SESHAGIRI RAO RESPONDENT BY : SHRI Y.YADAGIRI DR DATE OF HEARING 10.1.2014 DATE OF PRONOUNCEMENT 10.1.2014 O R D E R PER SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER: BY TH ESE APPLICATION S UNDER S.254(2) OF THE ACT , THE APPLICANT - ASSESSEES SEEK RECTIFICATION OF THE COMMON ORDER OF THIS TRIBUNAL DATED 31 . 7 .2013 IN ITA N O. ITA NOS.1044 TO1048 AND 1107 TO 1109 /HYD/201 1 FILED BY THE REVENUE AND CROSS OBJECTIONS THEREIN FILED BY THE ASSESSEES FOR THE ASSESSMENT YEAR S 2004 - 05 TO 2007 - 08 , ON THE GROUND THAT CERTAIN MISTAKE APPARENT FROM RECORD HAS CREPT INTO THE SAME. 2. THE LEARNED COUNSEL FOR THE ASSESSEE S , REITERATING THE AVERMENTS MADE IN THE PRESENT APPLICATION S , SUBMITTED THAT THE TRIBUNAL HAS , IN PARAS 5 ( APPEARING IN LINE 2 OF PAGE 4) AND 12 ( APPEARING IN LINE 9 OF PA GE 7) OF ITS ORDER DATED 31.7.2013 , INCORRECTLY MENTIONED THE NAME OF THE COMPANY IN WHICH THE APP LICANT - ASSESSEES ARE DIRECTORS AS JAYALAXMI HOUSING PVT. LTD., WHEREAS THE CORRECT NAME OF THE SAID COMPANY IS M/S. JAYADARSINI HOUSING PVT. LTD. . ACCORDINGLY, HE SUBMITTED THAT THE MISTAKE IN THE NAME OF THE COMPANY, WHICH IS A MISTAKE APPARENT FROM RECORD, MAY BE RECTIFIED. 3 . WE HEARD BOTH SIDES ON THIS APPLICATION AND PERUSED THE ORDER OF THIS TRIBUNAL DATED 31 . 7 .2013. WE FIND THAT THERE IS IN FACT, A MISTAKE APPARENT FROM RECORD IN OUR ORDER DATED 31.7.2013, AS SUBMITTED BY THE ASSESSEES IN T HE PRESENT APPLICATIONS, IN MENTIONING THE CORRECT NAME OF THE COMPANY IN WHICH THE APPLICANT - ASSESSEES ARE DIRECTORS. WE ACCORDINGLY RECTIFY OUR ORDER DATED 31 . 7 .2013, AND DIRECT THAT THE NAME OF THE COMPANY IN WHICH THE APPLICANT - ASSESSEES ARE DIRECTORS , WHEREVER IT IS APPEARING IN OUR ORDER DATED 31.7.2013, MORE SPECIFICALLY IN PARAS 5 (APPEARING IN LINE 2 OF PAGE 4) AND 12 (APPEARING IN MA NO. 248 /HYD/2013 & 7 OTHERS (IN I TA NO. 1044 / HYD/201 1 & 7 ORS AND COS THEREIN ) SHRI G. SAIBABU & ANR. HYDERABAD. 3 LINE 9 OF PAGE 7), AS POINTED OUT BY THE ASSESSEES IN THE PRESENT APPLICATIONS, SHOULD READ AS M/S. JAYADARSINI HO USING PVT. LTD. INSTEAD OF AS JAYALAXMI HOUSING PVT. LTD. WE DIRECT ACCORDINGLY, AND RECTIFYING OUR ORDER DATED 31 . 7 .2013, ALLOW THE PRESENT APPLICATION S OF THE ASSESSEE S , 4 . IN THE RESULT, MISCELLANEOUS APPLICATION S OF THE ASSESSEE S ARE ALLOWED. ORDER PRONOUNCED IN THE COURT ON 10 TH JANUARY, 2014 SD/ - SD/ - (CHANDRA POOJARI ) (ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER DT/ - 10 TH JANUARY, 2014 COPY FORWARDED TO: 1. 2. SHRI G.SAIBABU, PLOT NO.1246, ROAD NO.62, JUBILEE HILLS, HYDERABAD SMT.G.SAILAJA, PLOT NO.1246, ROAD NO.62, JUBILEE HILLS, HYDERABAD 3 . DY, COMMISSIONER OF INCOME - TAX , CENTRAL CIRCLE 5, HYDERABAD 4 . COMMISSIONER OF INCOME - TAX(APPEALS) VI I , HYDERABAD 4. COMMISSIONER OF INCOME - TAX CENTRAL HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S