Unicorn Industries Limited, Hyderabad V. Income Tax Officer, Ward-17(1), Hyderabad

MA 62/Hyd/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 7318 (ITAT-HYDERABAD)
• Duration Of Justice: 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 31-10-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 11-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V SREEKAR
• Assessee Lawyers: A V RAGHURAM
• Keywords: Rectification of order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A. NO. 62/HYD/2017 ITA NO. 447/HYD/2017 ASSESSMENT YEAR: 2013-14 M/S UNICORN INDUSTRIES LTD., HYDERABAD. PAN AAACU3501B VS. INCOME-TAX OFFICER, WARD 17(1), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI A.V. RAGHURAM REVENUE BY : SHRI V. SREEKAR DATE OF HEARING : 27-10-2017 DATE OF PRONOUNCEMENT : 31-10-2017 O R D E R PER S. RIFAUR RAHMAN, A.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E U/S 254(2) OF THE I.T. ACT, ARISES OUT OF THE ORDER OF ITAT A BENCH, HYDERABAD BENCHES, HYDERABAD, IN ITA NO. 447/HYD/2017 DATED 28/07/2017, FOR RECTIFICATION OF MISTAKE APPARENT FROM RECORD THAT HAS KEPT IN THE SAID ORDER. 2. IN THE M.A., THE ASSESSEE HAS SUBMITTED THAT TH ERE IS A MISTAKE APPARENT IN THE ORDER IN THE CONCLUDING PARA 8 OF T HE ORDER, IT IS INADVERTENTLY RECORDED AS IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED, INSTEAD OF APPEAL OF THE ASSESSEE IS A LLOWED, AS THE TRIBUNAL GAVE A FINDING IN THE OPERATIVE PORTION OF THE ORDER THAT THE ASSESSEE IS ENTITLED TO RELIEF OF DEDUCTION OF EXPE NDITURE CLAIMED IN RESPECT OF PF CONTRIBUTION OF RS. 3,82,155/-. 2 M.A. NO. 62/HYD/2017 M/S UNICORN INDUSTRIAL LTD., HYD. 3. REFERRING TO THE ABOVE, THE LD. AR OF THE ASSESS EE SUBMITTED THAT THE SAID MISTAKE MAY BE RECTIFIED THAT HAS CRE PT IN THE ORDER. 4. AS POINTED OUT BY THE LD. AR OF THE ASSESSEE, TH ERE IS A MISTAKE APPARENT FROM THE RECORD IN THE ORDER. THEREFORE, P ARA 8 IS REPLACED AS UNDER: 8. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED . 4. IN THE RESULT, MA FILED BY THE ASSESSEE IS ALLOW ED. PRONOUNCED IN THE OPEN COURT ON 31 ST OCTOBER, 2017 SD/- SD/- (D. MANMOHAN) (S. RIFAUR RAHMAN) VICE PRESIDENT A CCOUNTANT MEMBER HYDERABAD, DATED: 31 ST OCTOBER, 2017. KV COPY TO:- COPY TO:- 1) SMT. JYOTI AGARWAL, 8-2-684/3K/11 & 12, ROAD NO. 12, BANJARA HILLS, HYDERABAD. 2) IT), WARD 14(2), HYD 3) CIT(A) - 6, HYDERABAD 4 PR. CIT - 6 HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., H YDERABAD. 6) GUARD FILE