INDIAN OXIDES AND CHEMICALS PVT. LTD., MUMBAI V. DCIT - 1(2), MUMBAI

MA 57/MUM/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4560 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2008-2009
• Appeal Filed On: 25-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M MURLI
• Assessee Lawyers: SANJAY R PARIKH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL,MUMB AI BENCH I, MUMBAI BEFORE SHRI R.C.SHARMA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER M.A. NO.57/MUM/2016 (ARISING OUT OF ITA NO.4235/MUM /2013) ASSESSMENT YEAR: 2008-09 M/S INDIAN OXIDES & CHEMICALS PVT. LTD., LIBERTY BUILDING, SIR VITHALDAS THACKERSEY MARG, MUMBAI-400020. PAN: AAACU0797M VS. DCIT-1(2), ROOM NO. 535, 5 TH FLOOR, AAYAKAR BHAVAN, MUMBAI-400020. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SANJAY R. PAR IKH (AR) REVENUE BY : SHRI M. MURLI (DR) DATE OF HEARING : 22.07.2016 DATE OF PRONOUNCEMENT : 22.07.2016 O R D E R PER PAWAN SINGH, JM: 1. THE PRESENT MISCELLANEOUS APPLICATION (MA) FILED BY THE ASSESSEE IN RESPECT OF ORDER DATED 07.10.2015 PASSED TRIBUNAL. IN THE APPLICATIO N, THE ASSESSEE HAS PLEADED THAT A MISTAKE APPARENT IN THE ORDER WHICH REQUIRED RECTIF ICATION. 2. IN THE APPLICATION, IT IS ALSO PLEADED THAT THE APP EAL OF THE REVENUE WAS DISPOSED VIDE ORDER DATED 07.10.2015 AND WHILE DISPOSING THE APPEAL IN PARA 9, IT WAS HELD: THE ABOVE NARRATED DISCUSSION, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF CIT(A), THE ORDER OF THE CIT(A) IS BASED UPON THE REASONING AND DOES NOT CALL ANY INTERFERENCE IN DELETING THE ADDITION U/S 145A OF THE ACT AND ACCORDINGLY, THE TRIBUNAL SHOULD HAVE RECORDED THE CONCLUSION THAT APPEAL OF THE REVENUE IS DISMISSED, HOWEVER, DUE TO INADVERTENTLY WRITTEN, IN THE RESULT, APPEAL FILED BY THE REVENUE IS ALLOWED. THE MISTAKE IS APPARENT FRO M THE RECORD. 3. WE HAVE HEARD LD AR FOR ASSESSEE AND LD DR FOR REVE NUE AND CONSIDERED THE CONTENTION OF AR OF ASSESSEE. WE FIND THAT DUE TO TYPOGRAPHICA L ERROR IN THE LAST LINE OF THE ORDER, IT WAS WRITTEN IN THE RESULT, APPEAL FILED BY THE REVENUE IS ALLO WED. 2 MA NO. 57/M/2016 M/S INDIAN OXIDES & CHEMICALS PVT. LTD. 4. CONSIDERING THE CONTENTION RAISED IN THE PRESENT AP PLICATION, THE MISTAKE APPARENT ON RECORD IS RECTIFIED. ACCORDINGLY WE ORDER THAT THE LAST LINE OF THE ORDER IN ITANO. 4235/M2013 DATED 07/10/2015 MAY BE READ AS UNDER: AS A RESULT, APPEAL FILED BY THE REVENUE IS DISMIS SED 5. IN THE RESULT, M.A. FILED BY THE ASSESSEE IS ALLOWE D. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 22 ND JULY, 2016. SD/- SD/- ( R.C.SHARMA ) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED 22/07/2016 S.K.PS / COPY OF THE ORDER FORWARDED TO : / BY ORDER, / (ASSTT.REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. !'# / GUARD FILE. $ //TRUE COPY/