THE BHARAT CO-OPERATIVE THRIFT & CREDIT SOCIETY LTD., NEW DELHI V. ITO, WARD- 39(1), NEW DELHI

MA 259/DEL/2020

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 6773 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-10-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 28-10-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘SMC’: NEW DELHI) BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER M.A. No.- 259/Del/2020 Arising out of ITA No:- 4104/Del/2018 ( Assessment Year: 2014-15) Bharat Co-operative Thrift & Credit Society Ltd., New Delhi. Vs. ITO, Ward-39(1), New Delhi. PAN No: AAATT9503B APPELLANT RESPONDENT Assessee by : V. Raja Kumar, Adv. Revenue by : Shri Vivek Kumar Upadhyay, Sr. DR Date of Hearing : 06.10.2023 Date of Pronouncement : 06.10.2023 ORDER PER N.K. BILLAIYA, AM This Miscellaneous Application by the assessee is directed towards the order of the Tribunal dated 25.06.2020 in ITA No.- 4104/Del/2018 pertaining to A.Y.2014-15. 2. With this M.A., assessee brings to the knowledge of the Tribunal a Typographical error crept in the findings given in Para 7 of its order. M.A. No.- 259/Del/2021 Bharat Co-operative Thrift & Credit Society Ltd. Page 2 of 3 3. We find that while directing the AO to treat interest earned on fixed deposit and saving account as income from other sources inadvertently reference to fixed deposit has not been mentioned. 4. We find that this typo error is rectifiable U/s 254(2) of the Act, therefore, the conclusion of the Tribunal at Para 7 of its order should be read as “Therefore, interest on saving bank account and fixed deposit should be taxed under the head income from other sources.” Thus error is rectified. 5. In the result, M.A. of the assessee is allowed. Order pronounced in the Open Court on 06 .10.2023 Sd/- Sd/- (C.N.PRASAD) (N.K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 06/10/2023. Pooja/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI M.A. No.- 259/Del/2021 Bharat Co-operative Thrift & Credit Society Ltd. Page 3 of 3 Date of dictation 06.10.2023 Date on which the typed draft is placed before the dictating Member Date on which the typed draft is placed before the Other Member Date on which the approved draft comes to the Sr. PS/PS Date on which the fair order is placed before the Dictating Member for pronouncement Date on which the fair order comes back to the Sr. PS/PS Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order