Aravali Polymers LLP, Kolkata V. JCIT, Range-34, Kolkata, Kolkata

MA 53/KOL/2014

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 2712 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-01-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 25-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 M.A . NO. 53 /KOL/201 4 ( ARISING OUT OF ITA NO. 718 /KOL/201 4 ) ASSESSMENT YEAR : 20 11 - 20 12 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA C BENCH, KOLKATA BEFORE SHRI SHAMIM YAHYA , ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN , JUDICIAL MEMBER M.A. NO. 53 /KOL/201 4 (ARISING OUT OF I.T.A. NO. 718 /KOL/201 4 ) ASSESSMENT YEAR : 20 11 - 20 12 ARAVALI POL YMERS LLP......................... ....................... PETITIONER 4, MANGOE LANE, 6 TH FLOOR, KOLKATA - 700 001 [PAN : AASFA 0747 L] - VS. - JOINT COMMISSIONER OF INCOME TAX, . .................... . RESPONDENT RANGE - 34 , KOLKATA, AAYAKAR PURBA , 110, SHANTI PALLY, KOLKATA - 700 107 APPEARANCES BY: SHRI A.K. GUPTA, FCA, FOR THE PETITIONER SHRI K.L. KANAK, J CIT, SR. D.R., FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : JANUARY 02 , 201 5 DATE OF PRONOUNCING THE ORDER : JANUARY 02 , 201 5 O R D E R PER SHRI GEORGE MATHAN, JUDICIAL MEMBER : THIS IS A MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E AGAINST THE ORDER OF THE TRIBUNAL IN ITA NO. 718 /KOL/201 4 DATED 2 7.0 6 .201 4 FOR THE ASSESSMENT YEAR 20 11 - 12 . 2. SHRI A.K. GUPTA, F.C.A., REPRESENTED ON B EHALF OF THE ASSESSEE AND SHRI K.L. KANAK, J CIT ( SR. D.R. ) , REPRESENTED ON BEHALF OF THE REVENUE. 2 M.A . NO. 53 /KOL/201 4 ( ARISING OUT OF ITA NO. 718 /KOL/201 4 ) ASSESSMENT YEAR : 20 11 - 20 12 3. IT WAS SUBMITTED BY THE LD. A .R. THAT THE RE WERE CERTAIN TYPOGRAPHICAL ERRORS IN THE ORDER OF THE TRIBUNAL DATED 27.06.2014. LD. A.R. DREW OUR ATTENTION T O THE SPECIFIED ERRORS. 4. THE LD. SR. D.R. DID NOT RAISE ANY OBJECTION FOR RECTIFICATION OF THE ERRORS. CONSEQUENTLY THE CORRECTIONS REPRESENTING MISTAKES APPARENT FROM THE RECORD ARE MADE. 5. AFTER PERUSING THE ORDER OF THE TRIBUNAL DATED 27.06.2014 P ASSED IN ITA NO. 718/KOL/2014, WE RECTIFY THE ORDER OF THE TRIBUNAL AS UNDER: - IN 2 ND LINE FROM THE TOP OF THE ORDER OF TRIBUNAL IN PAGE 4, THE WORDS COMPANIES ACT IS TO BE READ AS LIMITED LIABILITY PARTNERSHIP ACT OF 2008 . IN 8 TH LINE FROM THE TOP I N PAGE 4 OF THE ORDER , 31,80,000 SHARES IS TO BE READ AS 31,84,807 SHARES . IN 11 TH LINE FROM THE TOP IN PAGE 4, THE FIGURES 31,84,807 EQUITY SHARES IS TO BE READ AS 30,00,000 EQUITY SHARES . IN PAGE 7 OF THE ORDER OF THE TRIBUNAL, IN THE FIRST LIN E IN PLACE OF COMPANIES ACT, 2008 , IT IS TO BE READ AS LIMITED LIABILITY PARTNERSHIP ACT, 2008 . IN 8 TH LINE FROM THE TOP IN PAGE 7, 3,00,000 SHARES IS TO BE READ AS 30,00,000 SHARES . IN PAGE 11 OF THE ORDER OF THE TRIBUNAL, IN THE 3 RD LINE FROM T HE TOP 12.10.2010 IS TO BE READ AS 12.08.2010 . 3 M.A . NO. 53 /KOL/201 4 ( ARISING OUT OF ITA NO. 718 /KOL/201 4 ) ASSESSMENT YEAR : 20 11 - 20 12 6. THIS ORDER MAY BE TREATED AS PART OF OUR EARLIER ORDER DATED 27.06.2014. 7. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE STANDS ALLOWED. ORDER P RONOUNCED IN THE OPEN C OURT ON 2 ND DAY OF JANUARY , 201 5 . SD/ - SD/ - SHAMIM YAHYA GEORGE MATHAN (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) KOLKATA, THE 2 ND DAY OF JANUARY , 201 5 COPIES TO : (1) ARAVALI POL YMERS LLP, 4, MANGOE LANE, 6 TH FLOOR, KOLKATA - 700 001 2) JOINT COMMISSIONER OF INCOME TAX, RANGE - 34, KOLKATA, AAYAKAR PURBA, 110, SHANTI PALLY, KOLKATA - 700 107 ( 3 ) CIT ( 4 ) CIT(A) ( 5 ) THE DEPARTMENTAL REPRESENTATIVE ( 6 ) GUARD FILE BY ORDER ETC ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA B ENCHES, KOLKATA LAHA/SR. P.S.