Assistant Commissioner of Income Tax, Circle - 1(2), Surat V. M/s Sachin Udyog Nagar Sahkari Mandli Ltd., Surat

MA 47/SRT/2023

AI Insights

The case involves Sachin Udyog Sahkari Mandli Ltd., which is the respondent, and the ACIT, Circle \\u2013 1(1)(1), Surat, as the appellant. The dispute arose from the disallowance of a deduction under section 80P of the Income Tax Act, 1961, amounting to Rs.4,79,01,198/- for the assessment year 2017-18. The Tribunal initially recorded an incorrect figure in its order dated 07.02.2023, leading to the filing of a Miscellaneous Application by the Revenue to correct this mistake. The Tribunal acknowledged the error and decided to recall the order for a fresh hearing.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 301716 (ITAT-SURAT)
• Duration Of Justice: 1 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-08-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 24-08-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 06-07-2023
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 80P; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM Miscellaneous Application No.47/SRT/2023 [Arising out of ITA No.438/SRT/2022] Assessment Year: (2017-18) (Physical Hearing) The ACIT, Circle – 1(1)(1), Surat Vs. Sachin Udyog Sahkari Mandli Ltd., Plot No.108, Special Econonic Zone, Sachin – 394230 (Appellant) (Respondent) èथायीलेखासं./जीआइआरसं./PAN/GIR No.: AACTS7414C Appellant by Shri Vinod Kumar, Sr. DR Respondent by Shri Kamlesh Bhatt, CA Date of Hearing 25/08/2023 Date of Pronouncement 29/08/2023 आदेश / O R D E R PER DR. A. L. SAINI, AM: By way of the captioned Miscellaneous Application, 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 07.02.2023. 2. The contention of the Revenue in this Miscellaneous Application is that the Assessing Officer has disallowed the deduction under section 80P amounting to Rs.4,79,01,198/-, whereas the Tribunal has deleted the addition at Rs.2,15,13,865/- for AY.2017-18. The Learned Departmental Representative (ld. DR) pointed out that there is an apparent error in Para-6 and Para-7 of the Tribunal order dated 07.02.2023 and clarification is requested on the issue of deleting addition of Rs.2,15,13,865/- as against addition made by the Assessing Officer and upheld by the Ld. CIT(A) of Page | 2 MA.47/SRT/2023/AY.2017-18 Sachin Udyog Nagar Sahkari Mandli Ltd. Rs.4,79,01,198/-. Therefore, ld. DR for the Revenue requested the Bench to consider the Miscellaneous Application and recall the order of Tribunal dated 07.02.2023. 3. On the other hand, Ld. Counsel for the assessee has fairly agreed that order of the Tribunal may be recalled on the ground of mistake in mentioning wrong figures of deduction under section 80P of the Act. 4. We have heard both the parties and perused the material available on record. We note that there is a mistake apparent from record in the order dated 07.02.2023 in quoting the figures of the deduction under section 80P of the Act. The Assessing Officer has disallowed the deduction under section 80P amounting to Rs.4,79,01,198/- whereas the Tribunal has deleted the addition at Rs.2,15,13,865/- for AY.2017-18, therefore Ld. Counsel for the assessee has also accepted that there is a mistake in the order of the Tribunal in quoting the figures of deduction under section 80P of the Act. Therefore, order of the Tribunal dated 07.02.2023 may be recalled. 5. We accept the prayer of the Learned Departmental Representative (ld. DR) for the Revenue and Ld. Counsel for the assessee, therefore we recall the order of Tribunal dated 07.02.2023 for fresh hearing for limited purpose, as stated above. The registry is directed to fix the appeal for hearing on 29.09.2023. Since the date of hearing has been announced in the open court in the presence of both the parties, therefore no fresh notice of hearing would be send to the parties. Page | 3 MA.47/SRT/2023/AY.2017-18 Sachin Udyog Nagar Sahkari Mandli Ltd. 7. In the result, Miscellaneous Application filed by the Revenue is allowed to the extent indicated above. Order is pronounced on 29/08/2023 in the open court. Sd/- Sd/- (PAWAN SINGH) (Dr. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER lwjr /Surat Ǒदनांक/ Date: 29/08/2023 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