M/s. Ashoka Vastu Private Limited, Nashik V. Commissioner of Income-tax : 1, Nashik

MA 30/PUN/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5816 (ITAT-PUNE)
• Duration Of Justice: 6 year(s) 8 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-09-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2003-2004
• Appeal Filed On: 01-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Revision of order

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE . , , BEFORE SHRI D.KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / MA NO.30/PUN/2017 (ARISING OUT OF ITA NO.655/PUN/2008) / ASSESSMENT YEAR : 2003-04 M/S. ASHOKA VASTU PRIVATE LIMITED, ASHOKA HOUSE, S.NO.861, ASHOKA MARG, WADALA, NASHIK 422 001 PAN : AABCA9292J . / APPLICANT V/S CIT - 1, NASHIK . / RESPONDENT . / MA NO.31/PUN/2017 (ARISING OUT OF ITA NO.656/PUN/2008) / ASSESSMENT YEAR : 2003-04 M/S. ASHOKA BUILDCON LIMITED, ASHOKA HOUSE, S.NO.861, ASHOKA MARG, WADALA, NASHIK 422 001 PAN : AABCA9292J . / APPLICANT V/S CIT - 1, NASHIK . / RESPONDENT / APPLICANTS BY : SHRI NIKHIL PATHAK / RESPONDENT BY : S SHRI AJAY MODI / ORDER PER KARUNAKARA RAO, AM : THE CAPTIONED MISCELLANEOUS APPLICATIONS FILED BY T HE TWO DIFFERENT ASSESSEES NAMELY, M/S.ASHOKA VASTU PVT. LTD. AND M/ S. ASHOKA BUILDCON LTD. THEY ARISE OUT OF ITA NOS. 655/PUN/2008 AND 656/PUN /2008 FOR THE COMMON ASSESSMENT YEAR 2003-04. / DATE OF HEARING :15.09.2017 / DATE OF PRONOUNCEMENT: 15.09.2017 2 MA NOS.30 & 31/PUN/2017 M/S.ASHOKA VASTU PVT. LTD. AND M/S.ASHOKA BUILDCON LTD., 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE POIN TED OUT ABOUT THE FACT OF ALLOTTING M.A. NUMBERS IN THE YEAR 2017. LD. CO UNSEL FOR THE ASSESSEE SUBMITTED THAT THESE MISCELLANEOUS APPLICATIONS WER E FILED WAY BACK IN NOVEMBER 2011 AND THE FILES WERE FOUND MISPLACED. AS SUCH, NO MA NUMBERS WERE ALLOTTED TO THE SAID M.AS. SUBSEQUEN TLY, THE FILES WERE RE- CONSTRUCTED AND THE NUMBERS WERE THEREFORE ALLOTTED IN THE YEAR 2017. HENCE IT IS A CASE OF FILING THE MISCELLANEOUS APPL ICATIONS WILL IN TIME (NOVEMBER 2011) CONSIDERING THE DATE OF THE ORDER O F THE TRIBUNAL DATED 31-12-2009. 3. FURTHER, IT IS MENTIONED THAT M/S.ASHOKA VASTU P VT. LTD. NASHIK STANDS NOW MERGED WITH M/S. ASHOKA BUILDCON, NASHIK. BRIE FLY MENTIONING THE FACTUAL BACKGROUND OF THESE TWO M.AS, LD, COUNSEL S UBMITTED THAT THE ASHOKAS GROUP INCLUDES 3 ASSESSEES NAMELY (A) M/S. ASHOKA CONSTRUWELL PVT. LTD., (2) M/S.ASHOKA VASTU PVT. LTD. AND (3) M/S. A SHOKA BUILDCON LTD. ALL THESE 3 ASSESSEES FILED THE RETURNS OF INCOME AND A SSESSMENTS OF THESE ASSESSEES WERE REVISED BY THE CIT U/S.263 OF THE AC T. AGGRIEVED WITH THE SAID REVISION ORDERS, THE ASSESSEES FILED THE APPE ALS BEFORE THE TRIBUNAL VIDE ITA NOS. 654/PUN/2008, 655/PUN/2008 AND 656/PUN/200 8. ITA NO.654/PUN/2008 PERTAINS TO M/S. ASHOKA CONSTRUWELL PVT. LTD. BY THE TIME OF HEARING THE CASE OF M/S. ASHOKA VASTU PVT. LTD., THE CONSEQUENTIAL FRESH ASSESSMENT ORDER WAS PASSED U/S.143(3) R.W.S. 263 O F THE ACT AND NO ADDITION WAS MADE BY THE AO IN THE FRESH ASSESSMENT . THEREFORE, ITA NO.654/PUN/2008 HAS BECOME INFRUCTUOUS AND IN EFFEC T THE REGULAR ASSESSMENT ORDER IS NOT FOUND TO BE PREJUDICIAL TO THE INTEREST OF THE REVENUE. WHILE DISMISSING THE SAID APPEAL IN ITA N O.654/PUN/2008 ERRONEOUSLY, THE TRIBUNAL VIDE ORDER DATED 31-12-2 009 ALSO DISMISSED THE 3 MA NOS.30 & 31/PUN/2017 M/S.ASHOKA VASTU PVT. LTD. AND M/S.ASHOKA BUILDCON LTD., OTHER TWO APPEALS (ITA NOS. 655 AND 656/PUN/2008) R ELATING TO M/S. ASHOKA VASTU PVT. AND M/S. ASHOKA BUILDCON LTD., BY VIRTUE OF INCLUSION OF THE SAID ITA NOS. IN THE TILE ZONE. THE SAME CONSTITUTES A TYPOGRAPHICAL MISTAKE AND THIS BEING A MISTAKE APPARENT FROM THE RECORDS, THE ASSESSEE NOW FILED THE M.AS FOR RECTIFICATION OF THE TRIBUNAL ORDER DATED 31-12-2009 BY CORRECTING THE REFERENCE TO THE ITA NOS. 655 AND 656/PUN/2008 ON THE FACE OF THE ORDER OF THE TRIBUNAL. ACCORDING TO THE LD. COUNSEL FOR THE ASSESSEE, THE ABOVE MISTAKE CAN BE CORRECTED BY JUST DELETING THE WORD IN NUMBERS TO 656 IN THE CAUSE TITLE OF THE ORDER OF THE TRIBUNAL, WHICH IN EFFECT, RESTORES THE TWO APPEALS. 4. ON HEARING BOTH THE SIDES, WE ARE OF THE OPINION THAT THE MISTAKE MENTIONED BY THE LD. COUNSEL FOR THE ASSESSEE IS VA LID AND THE ORDER OF THE TRIBUNAL DATED 31-12-2009 IS RECTIFIED. IN THE CAU SE TITLE, THE WORD, LETTERS, SIGNS, FIGURES IN ITA NOS. 654 TO 656/PN/08 SHALL BE READ AS ITA NO.654/PN/08 . ACCORDINGLY, WE ORDER AND THE AO IS DIRECTED TO INCORPORATE THE ABOVE. 5. CONSEQUENTLY, AS PRONOUNCED IN OPEN COURT, THE A PPEALS - ITA NO. 655/PUN/2008 AND ITA NO.656/PUN/2008 ARE DIRECTED T O BE LISTED FOR HEARING ON 21-11-2017 ALONG WITH ITA NO. 143/PN/201 0 FOR A.Y.2003-04, WHICH IS SCHEDULED FOR HEARING IN NORMAL COURSE. 6. IN THE RESULT, BOTH THE MISCELLANEOUS APPLICATI ONS FILED BY THE APPLICANTS ARE ALLOWED. SD/- SD/- (VIKAS AWASTHY) (D. KARUNAKARA RAO) /JUDICIAL MEMBER / ACCOUNTANT MEMBER PUNE; DATED : 15 TH SEPTEMBER, 2017. 4 MA NOS.30 & 31/PUN/2017 M/S.ASHOKA VASTU PVT. LTD. AND M/S.ASHOKA BUILDCON LTD., / COPY OF THE ORDER FORWARDED TO : / BY ORDER , // TRUE COPY // //TRUE COPY// SENIOR PRIVATE SECRETARY , / ITAT, PUNE 1. / THE APPELLANT 2. / THE RESPONDENT 3. % , , B BENCH PUNE; 4. / GUARD FILE.