Amritsar Improvement Trust, Amritsar. V. The Assistant Commissioner of Income Tax, Amritsar.

MA 43/ASR/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 5036 (ITAT-AMRITSAR)
• Duration Of Justice: 6 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-12-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 30-12-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 02-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR BEFORE SH.T.S. KAPOOR, ACCOUNTANT MEMBER AND SH.N.K.CHOUDHRY, JUDICIAL MEMBER M. A. NOS. 43 & 44(ASR)/2016 (ARISING OUT OF I.T.A NOS.91 & 92 (ASR)/2014) ASSESSMENT YEAR: 2008-09 & 2010-11 AMRITSAR IMPROVEMENT TRUST C BLOCK, RANJIT AVENUE, AMRITSAR. PAN:AAFJA4492K VS. ASST. CIT, CIRCLE-V, AAYKAR BHAWAN, THE MALL, AMRITSAR. (APPELLANT) (RESPONDENT) APPELLANT BY: SH. AMIT HANDA (CA) RESPONDENT BY: SH. RAHUL DHAWAN (DR) DATE OF HEARING: 30.12.2016 DATE OF PRONOU NCEMENT: 30.12.2016 ORDER PER T.S.KAPOOR (AM): THE PRESENT MISCELLANEOUS APPLICATIONS HAVE BEEN FI LED BY THE ASSESSEE FOR RECTIFICATION OF CERTAIN MISTAKES WHIC H ARE APPARENT FROM RECORD IN THE SAID ORDER OF THE TRIBUNAL, DATED 01. 01.2016, PASSED IN ITA NOS.91 & 92(ASR)/2014. 2. AT THE OUTSET, THE LEARNED AR SUBMITTED THA T IN THE ORDER PASSED BY THE TRIBUNAL DATED 01.01.2016, THERE ARE CERTAIN MI STAKES AND IN THIS RESPECT HE INVITED OUR ATTENTION TO PARA 6, 7 & 8 O F THE SAID ORDER AND SUBMITTED THAT THE HONBLE TRIBUNAL HAD WRONGLY NOT ED THE YEARS AS 2009-10 & 2011-12 INSTEAD OF THE YEARS 2004-05, 2005-06, 2006-07 & 2007-08 WHILE QUOTING FROM THE TRIBUNAL ORDER DATE D 10.09.2015 AND IN THIS RESPECT THE LD. AR FILED A COPY OF SUCH ORDER. THE LD. AR SUBMITTED MA NOS.43 & 44(ASR)/2016 ARISING OUT OF ITA NO S.91&92(ASR)/2014 ASST. YEAR: 2008-09 & 2010-11 2 THAT BY MISTAKE THE TRIBUNAL HAD NOTED THE YEARS RE LATING TO HOSHIPARPUR IMPROVEMENT TRUST INSTEAD OF AMRITSAR IMPROVEMENT T RUST. 3. THE LD. DR AGREED THAT THESE ARE MISTAKES WH ICH NEED TO BE RECTIFIED. 4. WE HAVE HEARD THE RIVAL PARTIES AND HAVE GON E THROUGH THE MATERIAL PLACED ON RECORD. WE FIND THAT THE HONBLE TRIBUNAL VIDE ORDER DATED 10.09.2015 HAD DISPOSED OF VARIOUS APPEALS FILED BY VARIOUS IMPROVEMENT TRUSTS WHICH INCLUDED THE AMRITSAR IMPR OVEMENT TRUST AND OTHER IMPROVEMENT TRUST. IN THE CONSOLIDATED OR DER THE TRIBUNAL HAD NOTED VARIOUS APPEALS RELATING TO VARIOUS YEARS OF VARIOUS IMPROVEMENT TRUSTS. WHILE PASSING THE ORDER IN THE CASE OF ASSE SSEE THE TRIBUNAL NEEDS WRONGLY NOTED THE YEARS AS 2009-10 & 2011-12 WHICH RELATED TO HOSHIARPUR IMPROVEMENT TRUST. THEREFORE, ORDER NEED S THE RECTIFICATION TO THAT EXTENT AND THEREFORE WE ORDER THAT ASST. YE ARS: 2009-10 & 2011- 12 AS NOTED IN PARA 6,7 & 8 OF THE ORDER DATED 01.0 1.2016 BE READ AS 2004-05, 2005-06, 2006-07 & 2007-08. IN VIEW OF THE ABOVE, THE MISCELLANEOUS APPLICATIONS FILED BY ASSESSEE ARE AL LOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 30 .12.2016. SD/- SD/- (N.K.CHOUDHRY) (T. S. KAPOOR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED:30.12.2016. /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) THE ASSESSEE: MA NOS.43 & 44(ASR)/2016 ARISING OUT OF ITA NO S.91&92(ASR)/2014 ASST. YEAR: 2008-09 & 2010-11 3 (2) THE (3) THE CIT(A), (4) THE CIT, (5) THE SR DR, I.T.A.T., TRUE COPY BY ORDER