M/s Sanskrita Properties Pvt. Limited, Kolkata V. ITO, Wd-10(2), Kolkata, Kolkata

MA 73/KOL/2019

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 4597 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 26-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 MA NO. 73/KOL/2019 M/S. SANSKRITA PROPERTIES PVT. LTD., AY - 2012-13 , B , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA ( ) . . , . ! '# # , ) [BEFORE SHRI A. T. VARKEY, JM & DR. A. L. SAINI, AM ] MA NO. 73/KOL/2019 IN I.T.A. NO. 694/KOL/2017 ASSESSMENT YEAR: 2012-13 M/S. SANSKRITA PROPERTIES PVT. LTD. (PAN: AAQCS5128J) VS. INCOME-TAX OFFICER, WARD-10(2), KOLKATA APPLICANT RESPONDENT DATE OF HEARING 26.04.2019 DATE OF PRONOUNCEMENT 26.04.2019 FOR THE APPLICANT SHRI R. K. SINGH, ADVOCATE FOR THE RESPONDENT SHRI ROBIN CHOUDHURY, ACIT ORDER PER SHRI A.T.VARKEY, JM VIDE THIS MISC. APPLICATION THE ASSESSEE WANT US TO RECTIFY THE APPARENT MISTAKES CREPT IN THE ORDER OF THE TRIBUNAL PASSED ON 20.02.2019, WHICH ARE AS FOLLOWS: 2. THAT AT PARA NO. 3, IT IS MENTIONED THAT 2000 S HARES WERE ALLOTTED TO A PRIVATE LIMITED GROUP AT PAR WHICH IS WRONGLY BY TH E HONBLE BENCH AS THE SAME SHOULD BE 200000 SHARES. 3. THAT AT PARA NO. 6, IT IS MENTIONED THAT THE AS SESSEE HAD RECEIVED SHARE CAPITAL MONEY INCLUDING SHARE PREMIUM TO THE TUNE O F RS.5,96,00,000/- FROM VARIOUS SHARE SUBSCRIBERS WHICH ARE CORPORATE ENTIT IES. THE ABOVE MENTIONED AMOUNT HOWEVER HAS BEEN RECEIVED BY THE ASSESSEE FR OM VARIOUS CORPORATE ENTITIES INCLUDING DIRECTORS AND NOT ONLY FROM CORP ORATE ENTITIES. 2 MA NO. 73/KOL/2019 M/S. SANSKRITA PROPERTIES PVT. LTD., AY - 2012-13 2. WE NOTE THAT AT PARA 3 IN LINE 3 THERE IS AN INADVERTENT MISTAKE HAS CREPT IN THE ORDER OF THE TRIBUNAL WHEREIN THE AMOUNT SHOULD BE READ A S 200000 SHARES INSTEAD OF 2000 SHARES. 3. WE NOTE THAT AT PARA 6 IN LINE 3 THERE IS AN INA DVERTENT MISTAKE HAS CREPT IN THE ORDER OF THE TRIBUNAL WHEREIN THE WORD INCLUDING DIRECTO RS TO BE INSERTED AFTER THE WORDS WHICH ARE CORPORATE ENTITIES. SO, THE CORRECT SENTENCE TO BE READ AS WHICH ARE CORPORATE ENTITIES INCLUDING DIRECTORS. 4. IN THE RESULT, MISC. APPLICATION OF ASSESSEE IS ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/-(DR. A. L. SAINI) SD/-(ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 26 TH APRIL, 2019 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. 2. 3. 4. 5. APPELLANT M/S. SANSKRITA PROPERTIES PVT. LTD., 50 C, HARISH MUKHERJEE ROAD, OPP. FREE INDIA GARAGE, BHOWANIPUR, KOLKATA-7 00 025. RESPONDENT ITO, WARD-10(2), KOLKATA. CIT(A)-4, KOLKATA (SENT THROUGH E-MAIL) CIT- 4, KOLKATA. DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR