GREAL EXPORT P. LTD, V. ASST CIT 10(3),

MA 409/MUM/2014

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 2696 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-01-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 07-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK PERAMPURNA
• Assessee Lawyers: ASHOK PURI
• Section: 14A

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI . . , !! !! ' BEFORE SHRI R.C.SHARMA,ACCOUNTNT MEMBER & SHRI SANJAY GARG ,JUDICIAL MEMBER M.A. NO.409/MUM/2014 (ARISING OUT OF ITA NO.2987/MUM/2013, A.Y.2009-10. M/S. GREWAL EXPORT PVT. LTD., 901 & 902, GREAT EASTER SUMMIT A, PLOT NO.56, SECTOR 15, CBD, BELAPUR, NAVI MUMBAI 400 614. # # # # / VS. THE ACIT 10(3), AAYKAR BHAVAN, INCOME TAX OFFICE, QUEENS ROAD, MUMBAI $ ./ % ./ PAN/GIR NO. : AABCG 0544P (APPLICANT) .. RESPONDENT ) APPLICANT BY SHRI ASHOK PURI RESPONDENT BY SHRI VIVEK PERAMPURNA # & '( / DATE OF HEARING : 16/01/2015 )*+ & '( / DATE OF PRONOUNCEMENT : 16/01/2015 / O R D E R PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN FIL ED BY THE ASSESSEE PLEADING THAT A MISTAKE APPARENT ON RECORD HAS OCC URRED IN THE ORDER DATED 12/09/2014 PASSED IN ITA NO.2987/MUM/2013 RELEVANT TO ASSESSMENT YEAR 2009-10. IT HAS BEEN PLEADED THAT IN PARA -10 OF T HE ORDER THE FIGURE 1 HAS BEEN WRITTEN INSTEAD OF 1/4 TH (ONE FOURTH) 2. WE HAVE GONE THROUGH THE ORDER DATED 12/09/201 4. WE FIND THAT THE TRIBUNAL WHILE ADJUDICATING THE ISSUE RELATING TO D ISALLOWANCE MADE BY THE AO UNDER SECTION 14A HAS RESTRICTED THE SAID DISALLOWA NCE TO ONE FOURTH ( 1/4 TH ). HOWEVER, THE FIGURE HAS BEEN WRONGLY WRITTEN AS 1 . THE MISTAKE IS APPARENT M.A. NO.409/MUM/2014 2 ON RECORD. HENCE, THE SAME REQUIRES CORRECTION. W E ACCORDINGLY DIRECT THAT THE DISALLOWANCE MADE BY THE AO UNDER SECTION 14A BE RE AD AS RESTRICTED TO ONE FOURTH ( TH ) OF THE DISALLOWANCE THAT WAS MADE BY THE AO ON ADHOC BASIS. NECESSARY CORRIGENDUM IS BEING ISSUED IN THIS RESP ECT. ORDER PRONOUNCED IN THE OPEN COURT ON 16/01/20 15 . & *+ , -#. 16/01/2015 * & ! SD/- SD/- (R.C.SHARMA) (SANJAY GARG) /ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI; -# DATED 16/01/2015 & && & /'0 /'0 /'0 /'0 10+' 10+' 10+' 10+' / COPY OF THE ORDER FORWARDED TO : 1. $2 / THE APPELLANT 2. /3$2 / THE RESPONDENT. 3. 4 ( ) / THE CIT(A)- 4. 4 / CIT 5. 05! /'# , , / DR, ITAT, MUMBAI 6. !6 7 / GUARD FILE. # # # # / BY ORDER, 30' /' //TRUE COPY// 8 88 8 / 9 9 9 9 (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI . # . SR. PS-VM