M/s Alukkas exporters, Thrissur V. ACIT, Thrissur

MA 4/COCH/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8655 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 6 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-06-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 08-06-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 17-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S VIJAYAPRABHA
• Assessee Lawyers: PREETA S NAIR

Judgement Text

1 M.A.NO.09/COCH/2012 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI B.R. BASKA RAN(AM) M.A. NO. 09/COCH/2012 (ARISING OUT OF I.T.A NO.488/COCH/2009) (ASSESSMENT YEAR 2006-07) M/S SUNDARAAJ SAW MILLS & INDUSTRIES VS THE A.C.I. T., CIR.2(1) NETAJI ROAD, ARANATTUKARA THRISSUR THRISSUR 18 PAN : AAJFS0401N (APPLICANT) (RESPONDENT) APPLICANT BY : SMT. PREETA S NAIR RESPONDENT BY : SMT. S VIJAYAPRABHA DATE OF HEARING : 08-06-2012 DATE OF PRONOUNCEMENT : 22-06-2012 O R D E R PER N.R.S. GANESAN (JM) THE ASSESSEE FILED THE PRESENT MISCELLANEOUS APPLI CATION ON THE GROUND THAT THERE IS AN ERROR IN THE ORDER OF THIS TRIBUNAL DAT ED 21-10-2011 AT PARAGRAPH 3. 2. ACCORDING TO THE LD.COUNSEL FOR THE ASSESSEE THI S TRIBUNAL AT PARAGRAPH 3, LINES 4 & 5 HAS OBSERVED THAT THE EXPENDITURE CLAIMED FOR T HE CURRENT YEAR IS ADMITTEDLY AT RS.3.60 PER BAG. ACCORDING TO THE LD.COUNSEL, THE ACTUAL EXPENDITURE CLAIMED IS ONLY RS.2.64 PER BAG AND NOT RS.3.60. TO THAT EXTENT, A CCORDING TO THE LD.COUNSEL, THERE IS AN ERROR IN THE ORDER OF THIS TRIBUNAL. 2 M.A.NO.09/COCH/2012 3. WE HEARD, SMT. VIJAYAPRABHA, THE LD.DR ALSO. TH E LD.DR VERY FAIRLY SUBMITTED THAT THE ERROR AS POINTED OUT BY THE ASSESSEE MAY B E RECTIFIED; HOWEVER, THE LD.DR SUBMITTED THAT THE OPERATIVE PORTION OF THE ORDER S HALL REMAIN AS SUCH. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. THE ACTUAL EXPENDITU RE CLAIMED BY THE ASSESSEE IS RS.2.64 AND NOT RS.3.60 PER BAG. HOWEVER, THIS TRIBUNAL HA S OBSERVED THAT THE EXPENDITURE CLAIMED IS RS.3.60 PER BAG. BOTH THE REPRESENTATIV ES FOR THE ASSESSEE AND THE REVENUE HAVE VERY FAIRLY SUBMITTED THAT THE EXPENDITURE CLA IMED IS ONLY RS.2.64 PER BAG. IN VIEW OF THIS, THE ORDER OF THIS TRIBUNAL IS RECTIFIED AS FOLLOWS: ON PAGE 2, PARAGRAPH 3 AT THE 5 TH LINE FROM THE TOP THE PARAGRAPH, THE FIGURE RS.3.60 IS DELETED. INSTEAD, RS.2.64 PER BAG IS SUBSTITUTED. AFTER RECTIFICATION, THE 04 TH & 05 TH LINES FROM THE TOP OF PARAGRAPH 3 SHALL READ AS FO LLOWS: THE EXPENDITURE CLAIMED FOR THE CURRENT YEAR IS AD MITTEDLY RS.2.64 PER BAG. THE ORDER DATED 21-10-2011 PASSED BY THIS TRIBUNAL IS RECTIFIED ACCORDINGLY. IT IS MADE CLEAR THAT THE OTHER PART OF THE ORDER SHALL REMAIN AS SUCH. 5. WITH THE ABOVE OBSERVATIONS, THE MISCELLANEOUS A PPLICATION OF THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON THIS 22 ND DAY OF JUNE, 2012. SD/- SD/- (B.R. BASKARAN) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : 22 ND JUNE, 2012 PK/- 3 M.A.NO.09/COCH/2012 COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE COMMISSIONER OF INCOME-TAX 4. THE COMMISSIONER OF INCOME-TAX(A) 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH