BUILDARCH, MUMBAI V. ASSISTANT COMMISSIONER OF INCOME TAX 18 (1), MUMBAI

MA 272/MUM/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6114 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-01-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 26-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN KUMARDR

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , . . , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI R.C.SHARMA, ACCOUNTANT MEMBER M.A. NO.272/MUM/2017 (ARISING OUT OF ITA NO.5695/MUM/2012) ASSESSMENT YEAR: 2006-07 M/S. BUILDARCH, SANKALP,1S T FLOOR, S.H. PARADKAR MARG, SHIVAJI PARK, DADAR-W, MUMBAI 400 028. / VS. ACIT - 18(1), MUMBAI. ( !'# /ASSESSEE) ( % / REVENUE) PAN. NO. AAAFB5864H !'# / ASSESSEE BY SHRI ANIL SATHE % / REVENUE BY SHRI SUMAN KUMAR-DR & !%' ( ) / DATE OF HEARING : 05/01/2018 ( ) / DATE OF ORDER: 05/01/2018 / O R D E R PER JOGINDER SINGH, JM THIS MISCELLANEOUS APPLICATION AROSE OUT OF ITA NO. 5695/MUM/2012 FOR THE ASSESSMENT YEARS 2006-07 WHIC H WAS DISPOSED BY THE TRIBUNAL, VIDE ORDER DATED 18/1 1/2016. MA NO. 272/MUM/2017 M/S BUILDARCH 2 THE ONLY INADVERTENT ERROR POINTED OUT BY THE LD. C OUNSEL FOR THE ASSESSEE IS WITH RESPECT TO COMPLETION OF THE P ROJECT IN ASSESSMENT YEAR 2007-08, WHEREAS, DUE TO TYPOGRAPHI CAL ERROR IN PARA-7, IT HAS BEEN MENTIONED AS ASSESSMEN T YEAR 2005-06. THE LD. DR HAD NO OBJECTION IF THE ERROR I S RECTIFIED. 2. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE ARE SA TISFIED WITH THE ARGUMENT OF THE LD. COUNSEL FOR THE ASSESS EE AND FOUND THAT AN INADVERTENT TYPOGRAPHICAL ERROR HAS C REPT IN TO THE ORDER DATED 18/11/2016, THEREFORE, THE ORDER IS RECTIFIED ONLY TO THE EXTENT THAT IN PARA-7 OF THE ORDER (CON CLUDING LINES, IT MAY BE READ AS UNDER):- IN THE SCHEME OF PERCENTAGE COMPLETION METHOD ADOPTED BY THE ASSESSEE AND THE ADJUSTMENT OF THIS YEAR IN THE EARLIER ASSESSMENT YEARS IS NOT PROPER AS THE F INAL ASSESSMENTS, IF ANY, CAN BE DONE IN THE YEAR IN WHI CH THE PROJECT IS CONCLUSIVELY COMPLETED I.E. ASSESSMENT YEAR 2007- 08. WE FIND NO MISTAKE IN THE ORDER OF THE CIT ON THIS ISSUE THUS, IN PLACE OF ASSESSMENT YEAR 2005-06, THE YEAR MAY BE READ AS ASSESSMENT YEAR 2007-08. TO THE ABO VE MA NO. 272/MUM/2017 M/S BUILDARCH 3 EXTENT, RECTIFICATION IS MADE. THE REMAINING PORTIO N OF THE ORDER WILL REMAIN THE SAME. TO THIS EXTENT THE MISC ELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. FINALLY, THE MISCELLANEOUS APPLICATION OF THE ASSES SEE IS ALLOWED. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 05/01/2018. SD/- SD/- ( R.C.SHARMA ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER & ' MUMBAI; *! DATED:- 05/01/2018 F{X~{T? P.S/. !. . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. +,-. / THE APPELLANT 2. /0-. / THE RESPONDENT. 3. & 1 ( +, ) / THE CIT, MUMBAI. 4. & 1 / CIT(A)- , MUMBAI 5. 3%4 /!' , +,) +' 5 , & ' / DR, ITAT, MUMBAI 6. 6 7' / GUARD FILE. / BY ORDER, TRUE COPY / (DY./ASSTT. REGISTRAR) , & ' / ITAT, MUMBAI