DCIT, Mysore V. Shri T.A. Ashok Kumar, Mysore

MA 48/BANG/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3691 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-07-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 02-07-2010
• Assessment Year: 2006-2007
• Appeal Filed On: 04-05-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: C R JANARDHAN
• Assessee Lawyers: V SRINIVASAN
• Section: 234B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER M.P.NO.48/BANG/2010 (ARISING OUT OF ITA NO.346/BANG/2009) ASSESSMENT YEAR : 2006-07 THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, MYSORE. : APPLICANT VS. SRI T.A. ASHOK KUMAR, THOLASI JEWELLERY MART, NO.578, ASHOKA ROAD, MYSORE. : RESPONDENT APPLICANT BY : SHRI C.R. JANARDHAN, ADDL.CIT(DR) RESPONDENT BY : SHRI V. SRINIVASAN, C.A. O R D E R PER A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER THIS MISCELLANEOUS PETITION M.P.NO.48/B/10 IS FILE D BY THE REVENUE SEEKING RECTIFICATION OF A MISTAKE APPARENT ON RECO RD IN THE ORDER OF THE TRIBUNAL IN ITA NO.346/BANG/2009 DATED 10.12.2009. 2. IT WAS STATED BY THE REVENUE THAT IN PARA 10 OF THE ORDER IT WAS HELD THAT SINCE THE SEIZED CASH COULD NOT HAVE BEEN ADJ USTED AGAINST ADVANCE TAX, THEREFORE THERE WILL BE NO LEVYING OF INTEREST IN RESPECT OF 234C. M.P. NO.48/BANG/10 PAGE 2 OF 3 HOWEVER IN THIS CASE THERE WAS AN ADMITTED TAX LIAB ILITY OF RS.5,27,062 AFTER CONSIDERING THE TDS AND ADVANCE TAX PAID BY THE ASS ESSEE, THERE WAS SHORTAGE OF ADVANCE TAX FOR MORE THAN RS.5,000. AS PER LAW THE ASSESSEE WAS LIABLE FOR LEVY OF INTEREST U/S. 234C. 3. ON PERUSING THE FACTS AND CIRCUMSTANCES OF THE C ASE, WE FIND THAT THE WORDS CHANGE IN THE HAVE BEEN LEFT OUT IN THE LAST SENTENCE OF PARA 10 OF THE ORDER. 4. THEREFORE, THE ABOVE SAID PARA IS MODIFIED IN TH E ORDER DATED 10.12.2009 INSERTING THE WORDS CHANGE IN THE ACCORDING TO WHICH, AS PER THE LD. DR THE MATTER IS RESOLVED AND THE LD. AR AL SO HAD NO OBJECTIONS. 5. THE LAST SENTENCE OF PARA 10 OF THE ORDER SHALL BE READ AS FOLLOWS: THUS, THE INTEREST, IF ANY, REQUIRED TO BE COMPUTE D U/S 234B UP TO 29 TH NOVEMBER, 2006. SINCE THE SEIZED CASH COULD NOT HA VE BEEN ADJUSTED AGAINST THE ADVANCE TAX, THERE WILL BE NO CHANGE IN THE LEVYING OF INTEREST IN RESPECT OF 234C. 6. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON THIS 9 TH DAY OF JULY, 2010. SD/- SD/- ( SMT. P. MADHAVI DEVI) (A. MOHAN ALANKAMONY ) JUDICIAL MEMBER ACCOUNTANT MEMBE R BANGALORE, DATED, THE 9 TH JULY, 2010. DS/- M.P. NO.48/BANG/10 PAGE 3 OF 3 COPY TO: 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.