ITO wd-5 (3) Pune, Pune V. M/s Venkateshwara Developers, Pune

MA 47/PUN/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8846 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-06-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 20-03-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANN KAPTHUAMA

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI R.S. PADVEKAR JUDICIAL MEMBER AND SHRI R.K. PANDA ACCOUNTANT MEMBER MA NO. 47/PN/2012 ARISING OUT OF ITA NO. 19/PN/2010 (ASSTT.YEAR : 2006-07) ITO WARD 5(3), PUNE .. APPLICANT VS. VENKATESHWARA DEVELOPERS, 1289, SHUKRAWAR PETH, PUNE. .. RESPONDENT PAN NO. AAEFV 1911 B APPELLANT BY : MS. ANN KAPTHUAMA RESPONDENT BY : SMT. DEEPA KHARE DATE OF HEARING : 08-06-2012 DATE OF PRONOUNCEMENT : 08-06-2012 ORDER PER R.K. PANDA, AM THE REVENUE THROUGH THIS MISCELLANEOUS APPLICATION REQUESTS THE TRIBUNAL TO RECTIFY THE TYPOGRAPHICAL ERROR CREPT I N THE ORDER OF THE TRIBUNAL WHICH IS APPARENT FROM RECORD. 2. THE LEARNED D.R. REFERRING TO THE MA FILED BY TH E REVENUE SUBMITTED THAT THE APPEAL RELATES TO THE ASSESSMENT YEAR 2006-07. HOWEVER, INADVERTENTLY IN PARA 3 OF THE ORDER IT HAS BEEN MENTIONED THAT THE APPEAL RELATES TO ASSESSMENT YEAR 1998-99. THEREFORE, THIS MISTAKE BEING APPARE NT FROM RECORD BE RECTIFIED. 2 3. AFTER HEARING BOTH THE SIDES, WE FIND ALTHOUGH T HE APPEAL RELATES TO ASSESSMENT YEAR 2006-07, INADVERTENTLY THE TRIBUNAL AT PARA 3 OF THE ORDER HAS MENTIONED THE ASSESSMENT YEAR AS 1998-99 WHICH IS A PPARENT FROM THE RECORD. WE, THEREFORE, DIRECT THAT THE ASSESSMENT YEAR MENT IONED AT PARA 3 OF THE ORDER BE READ AS ASSESSMENT YEAR 2006-07. 4. WE FURTHER FIND AT TOP OF PAGE NOS. 2 TO PAGE NO . 7 THAT NAME OF SOME OTHER ASSESSEE WITH ITA NO. AND ASSESSMENT YEAR HAS BEEN WRONGLY INCORPORATED. WE, THEREFORE, DIRECT THAT THE SAME SHOULD BE READ AS ITA NO. 19/PN/2010/VENKATESHWARA DEVELOPERS/ASSESSMENT YEAR 2006-07. 5. IN THE RESULT, THE MA FILED BY THE REVENUE IS AL LOWED. PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF, I.E. ON 8-06-12 SD/- SD/- (R.S. PADVEKAR) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE, DATED: 08-06-2012 SATISH COPY TO: 1) THE ASSESSEE 2) THE DEPARTMENT 3) THE ITO WARD 5(3), PUNE. 4) THE CIT CONCERNED 5) THE D.R, A BENCH, I.T.A.T.,PUNE 6) GUARD FILE. BY ORDER //TRUE COPY// SENIOR PRIVATE SECRETARY, I.T.A.T., PUNE 3