COMMISSIONER OF INCOME TAX (EXEMPTION), AHMEDABAD V. P K VAKIL WAKAF FUND, SURAT

MA 42/SRT/2023

AI Insights

The case involves two Miscellaneous Applications (MA No.41/SRT/2023 and MA No.42/SRT/2023) filed by the Income Tax Officer (Exemption), Ward, Surat against P. K. Vakil Gahmbar Fund and P. K. Vakil Wakaf Fund, respectively. The applications were filed to correct a typographical error in the Tribunal's previous order where Section 12AA of the Income Tax Act was incorrectly cited instead of Section 12AB. Both parties agreed to the correction, acknowledging it as a clerical mistake.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 301704 (ITAT-SURAT)
• Duration Of Justice: 3 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-09-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 20-07-2023
• Assessment Year: misc
• Appeal Filed On: 31-05-2023
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 12AA; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM MA No.41/SRT/2023 [Arising out of ITA No.435/SRT/2019] (Physical Hearing) The ITO (Exemption), Ward, Surat Vs. P. K. Vakil Gahmbar Fund, 12/1214 P. K. Vakil Atashbehram, P. K. Vakil Street, Shahpore, Surat – 395003. (Appellant) (Respondent) èथायीलेखासं./जीआइआरसं./PAN/GIR No.: AABTP1095K MA No.42/SRT/2023 [Arising out of ITA No.436/SRT/2019] The ITO (Exemption), Ward, Surat Vs. P. K. Vakil Wakaf Fund, 12/1214, P. K. Vakil Atashbehram, P. K. Vakil Street, Shahpore, Surat – 395003. (Appellant) (Respondent) èथायीलेखासं./जीआइआरसं./PAN/GIR No.: AABTP1096L Appellant by Ms. Jayshree Thakur, Sr. DR Respondent by Ms. Chaitali Shah, CA Date of Hearing 21/07/2023 Date of Pronouncement 12/09/2023 आदेश / O R D E R PER DR. A. L. SAINI, AM: By way of these two Miscellaneous Applications, the Revenue has sought to point out that a mistake apparent from record within the meaning of section 254(2) of the Income Tax Act, 1961 (in short ‘the Act’) has crept in the order of the Tribunal dated 21.12.2022. 2. The plea of the Department is that there is a mistake in quoting the section in the order of Tribunal. Instead of Section 12AA, the Tribunal must have written Section 12AB in its findings. The ld. counsel does not Page | 2 MA Nos.41 & 42/SRT/2023 P K Vakil Gahmbar Fund & P K Vakil Wakaf Fund have any objection, if the Tribunal rectifies the mistake in quoting the section of Income Tax Act. 3. We have heard both the parties. We note that instead of writing Section 12AA of the Act, the Tribunal ought to have written correct section as “Section 12AB of the Act”. We note that it is a typographical error, therefore the reference of section should be read ‘Section 12AB’ of the Income Tax Act, 1961 instead of ‘Section 12AA’ of the Income Tax Act. 1961” 4. In the result, both these Miscellaneous Applications filed by the Revenue are allowed to the extent indicated above. Registry is directed to place one copy of this order in all appeals folder / case files. Order is pronounced on 12/09/2023 in the open court. Sd/- Sd/- (PAWAN SINGH) (Dr. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER lwjr /Surat Ǒदनांक/ Date: 12/09/2023 SAMANTA Copy of the Order forwarded to 1. The Assessee 2. The Respondent 3. The CIT(A) 4. CIT 5. DR/AR, ITAT, Surat 6. Guard File By Order // TRUE COPY // Assistant Registrar/Sr. PS/PS ITAT, Surat