JASMIT SINGH TIBB, V. ITO 20(1)(3),

MA 266/MUM/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2392 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-08-2014
• Appeal Filed By: Assessee
• Bench Allotted: I
• Assessment Year: 2007-2008
• Appeal Filed On: 30-04-2014
• Court: TRIBUNAL
• Keywords: Rectification of order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL I , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI SANJAY GARG , J M M A NO. 266 / MUM/20 1 4 (ARISING OUT OF ITA NO . 8426 /MUM/20 10 ) ( ASSESSMENT YEAR S : 2007 - 08 ) JASMIT SINGH TIBB, DR. CHARAT SINGH BUNGALO W, DR. CHARAT SINGH COLONY, ANDHERI(EAST), MUMBAI - 400 093 VS. ITO 20(1)(3), MUMBAI PAN NO. : A A GPT 0546 G APP LICANT .. RESPONDENT ASSESSEE BY : SHRI CHARANJIT SINGH REVENUE BY : SHRI DURGA DUTT DATE OF HEARING : 1 ST AUGUST , 201 4 DATE OF PRONOUNCEMENT : 1 ST AUGUST, 201 4 O R D E R PER R.C.SHARMA, AM : TH IS MISCELLANEOUS APPLICATION AROSE OUT OF ITA NO. 8426 /MUM/20 10 , VIDE ORDER DATED 22 - 1 - 2014. 2 . THROUGH TH IS APPLICATION , OUR ATTENTION WAS INVITED TO SOME TYPOGRAPHI CAL MISTAKES IN THE ORDER OF TRIBUNAL IN PARA 5, WHEREIN AMOUNT OF RS. 8,61,200/ - WAS TYPED AS 81,61,200/ - . THIS IS A TYPOGRAPHICAL MISTAKE APPARENT ON RECORD. ACCORDINGLY, WE RECTIFY THE SAME. 3 . I N PARA 4 OF THE ORDER, THE TRIBUNAL HAS OBSERVED THAT ADDI TION MADE ON ACCOUNT OF SALE OF FRANKIES WERE CONFIRMED BY THE CIT(A), HOWEVER, THIS ADDITION WAS REDUCED BY THE CIT(A) FROM RS. 52,01,925/ - TO RS. 25,49,690/ - . ACCORDINGLY, PARA 4 SHOULD BE READ AS UNDER : - THE ADDITION MADE BY THE AO ON ACCOUNT OF SALE OF FRANKIES WERE REDUCED BY THE CIT(A) TO RS.25,49,690/ - FROM RS.52,01,925/ - . MA NO. 266 /20 1 4 2 4 . ON THE AFORESAID RECTIFICATION OF MISTAKE APPARENT ON RECORD IS NOT GOING TO EFFECT THE ULTIMATE CONCLUSION OF THE TRIBUNAL WITH REGARD TO FINAL DETERMINATION OF THE INCOME OF THE ASSESSEE AS PER THE DIRECTIONS GIVEN IN PARAS 5 T O 8 IN ITS ORDER. WE DIRECT ACCORDINGLY. 5 . IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED IN PART IN THE TERMS INDICATED HEREINABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 01 - 08 - 201 4 . SD/ - ( SANJAY GARG ) SD/ - ( R.C.SHARMA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 18/ 08 /2014 /PKM , PS COPY OF THE ORDER FORWARDED TO : / BY ORDER, ( ASSTT. REGISTRAR) / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A), MUMBAI. 4. / CIT 5. / DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//