Divi's Laboratories Ltd, Hyderabad V. DCIT, Circle-1(2), Hyderabad

MA 52/HYD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8040 (ITAT-HYDERABAD)
• Duration Of Justice: 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-04-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 1999-2000
• Appeal Filed On: 27-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAO
• Assessee Lawyers: T CHAITANYA KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER M.A. NO. 52/HYD/2012 IN MA NO. 12/HYD/2011 ARISING OUT OF MA NO. 55/HYD/09 IN ITA NO. 396/HYD/03 (ASSESSMENT YEAR : 1999-2000) M/S. DIVIS LABORATORIES LTD. HYDERABAD PAN: AAACD6745J VS. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-1(2) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: SHRI T. CHAITANYA KUMAR RESPONDENT BY: SHRI M.S. RAO DATE OF HEARING: 2 0.0 4 .2012 DATE OF PRONOUNCEMENT: 20 .0 4 .2012 CORRIGENDUM BY THIS MISCELLANEOUS APPLICATION (MA) THE ASSESSE E SEEKS RECALL OF THE ORDER OF THE TRIBUNAL DATED 16.9.2011 IN M.A. NO. 12/HYD/2011 ARISING OUT OF MA NO. 55/HYD/09 IN ITA NO. 396/HYD/03. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ABOVE ORDER OF THE TRIBUNAL MAY BE RECALLED AS THE ASSESSMENT YEAR FOR WHICH MA NO. 12/HYD/200 IS FILED IS WRONGL Y GIVEN AS 1998-99 INSTEAD OF 1999-2000. HE SUBMITTED THAT AS THE ERROR IN THE ASSESSMENT YEAR IS APPARENT THE ORDER OF THE TR IBUNAL BE RECALLED AND RECTIFIED. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE CONSOLIDATED ORDER OF THE TRIBUNAL IN MA NOS. 11 TO 16/HYD/2011 DATED 16.9.2011. WE FIND THE APPEAL FROM WHICH THE MA IS ARISING I.E., I.T.A. NO. 396/HYD/2003 IS FILED FOR THE ASSE SSMENT YEAR M.A. NO. 52/HYD/2012 M/S. DIVIS LABORATORIES LTD. ===================== 2 1999-2000. A MISTAKE HAS CREPT IN THE ORDER OF THE TRIBUNAL. NOW THE CITATION OF THE M.A. READS AS UNDER: MA NO. 12/HYD/2011 IN MA NO. 55/HYD/09 ARISING OUT OF I.T.A. NO. 396/HYD/03 ASSESSMENT YEAR 1999-200 4. IN THE RESULT, MA FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH APRIL, 2011. SD/ - (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/ - (CHANDRA POOJARI) ACCOUNTANT MEMBER HYDERABAD, DATED THE 20 TH APRIL, 2012 COPY FORWARDED TO: 1. M/S. DIVIS LABORATORIES LTD., 7 - 1 - 77/E/1/303, DHARAM KARAN ROAD, AMEERPET, HYDERABAD. 2. THE DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE - 1(2), HYDERABAD. 3. THE CIT(A) - II, HYDERABAD 4. THE CIT - I, HYDERABAD 4 . THE DR B BENCH, ITAT, HYDERABAD TPRAO