R. Satish Kumar Reddy, Hyderabad V. Asst.CIT,Circle 6(1), Hyderabad

MA 64/HYD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2071 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-06-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 04-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S RAMA RAO
• Section: 54F; 54

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI B.RAMAKOTAIAH, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER MISC. APPLN. NO.64/HYD/2014 (IN ITA NO.1681/HYD/11) : ASSESSMENT YEAR 2008 - 09 SHRI R.SATISH KUMAR REDDY, HYDERABAD (PAN ADQPR 5849 D) V/S. ASST. COMMISSIONER OF INCOME - TAX CIRCLE 6(1), HYDERABAD (APPLICANT) (RESPONDENT) APPLICANT BY : S HRI S.RAMA RAO RESPONDENT BY : SHRI SOLGY JOSE T.KOTTARAM DR DATE OF HEARING 20 .0 6 .2014 DATE OF PRONOUNCEMENT 20.06.2014 O R D E R PER SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER: BY THIS MISCELLANEOUS APPLICATION FILED UNDER S.254(2) THE INCOME TAX ACT,1961, ASSESSEE SEEKS RECTIFICATION OF THE ORDER OF THIS TRIBUNAL DATED 18.10.2013 IN ITA NO.1681/HYD/2011 FOR THE ASSESSMENT YEAR 2008 - 09, ON THE GROUND THAT CERTAIN MISTAKES APP ARENT FROM RECORD HAS CREPT INTO THE SAME. 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD IN THE LIGHT OF THE AVERMENTS OF THE ASSESSEE IN THE PRESENT APPLICATION. ASSESSEE HAS POINTED AS MANY AS FIVE M ISTAKES APPARENT FROM RECORD, WHICH, WE FIND, HAVE INDEED INADVERTENTLY CREPT INTO THE ORDER OF THE TRIBUNAL DATED 18.10.2013 AND HENCE , NEED RECTIFICATION. WE ACCORDINGLY RECTIFY THE SAME AS NOTED IN THE FOLLOWING TABULATION - MA NO. 64 /HYD / 2014(IN ITA NO . 1681 /HYD/201 1 ) SHRI R.SATISH KUMAR REDDY, HYDERABAD 2 RECTIFICATION NO. THE WORD(S) /FIGURE AS APPEARING IN THE ORDER AND TO BE SUBSTITUTED AND READ AS THE SENTENCE TO BE READ AFTER RECTIFICATION 1 PAGE 14, LINE 6, FIGURE APPEARING AGAINST ITEM 3 (RS.72 LACS) TO BE READ AS (RS.50,74,920/ - ) 1 2. THE DEVELOPMENT EXPENDITURE CLAIMED BY THE ASSESSEE RS.50,74,920/ - IS NOT SUPPORTED BY ANY EVIDENCE. 3. 2. PAGE 16, PARA 35 LINE 4 FROM BOTTOM SECTION 54F TO BE READ AS SECTION 54 35.RELYING ON THE DECISION OF DR.SMT. UMA CHALLA IN ITA.NO. 747/HYD/2007 FOR THE ASSESSMENT YEAR 2003 - 2004 DATED 24 TH OCTOBER, 2008, WEE ARE OF THE OPINION THAT THE ASSESSEE SHALL BE ELIGIBLE FOR DEDUCTION UNDER SECTION 54 EVEN THOUGH PROPERTY IS ONLY 8 X8 I.E., 64 SQ.FEET AS LONG AS IT IS USED FOR HUMAN HABITATION. .. 3. PAGE 16, PARA 35 LIN E 2 FROM BOTTOM SECTION 54F TO BE READ AS SECTION 54 35.. WE DIRECT THE ASSESSING OFFICER TO WORK - OUT THE RELIEF UNDER SECTION 54. 4. PAGE 1 6 , PARA 3 5 LAST LINE THE WORD DISMISSED TO BE READ AS ALLOWED 35.. THEREFORE, GROUND NOS.7 & 9 RAISED BY THE ASSESSEE ARE ALLOWED. 5. PAGE 17, PARA 39 LAST LINE THE WORD DISMISSED TO BE READ AS ALLOWED 39.. THEREFORE, THESE GROUNDS OF THE ASSESSEE ARE ALLOWED. WE ACCORDINGLY ORDER RECTIFICATION OF THE MISTAKES POINTED OUT BY THE ASSESSEE IN THE PRESENT PETITION, AS NOTED ABOVE. MA NO. 64 /HYD / 2014(IN ITA NO . 1681 /HYD/201 1 ) SHRI R.SATISH KUMAR REDDY, HYDERABAD 3 4. IN THE RESULT, ASSESSEE S MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON THE CONCLUSION OF HEARING ON THE MISCELLANEOUS APPLICATION ON 20.06.2014 SD/ - SD/ - ( B.RAMAKOTAIAH ) (ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER DT/ - 20 TH JUNE, 2014 COPY FORWARDED TO: 1. SHRI R.SATISH KUMAR REDDY, 8 - 2 - 293/82/L/78C, MLA COLONY, ROAD NO.12, BANJARA HILLS, HYDERABAD 2 . ASSTT . COMMISSIONER OF INCOME - TAX, CIRCLE 6(1), HYDERABAD 3. COMMISSIONER OF INCOME - TAX(APPEALS) IV HYDERABAD 4. COMMISSIONER OF INCOME - TAX III , HYDERABAD 5 DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S