INCOME TAX OFFICER 2(1)(1), MUMBAI V. BADHEKA PAPER MFG. COMPANY. PRIVATE LIMITED, MUMBAI

MA 74/MUM/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5806 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-09-2017
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 20-02-2017
• Court: TRIBUNAL
• Department Lawyers: T A KHAN
• Assessee Lawyers: PRAMOD SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B , BENCH MUMBAI BEFORE SHRI D.T. GARASIA, JM & SHRI R.C.SHARMA, AM M A NO. 74 / MUM/20 17 (ARISING OUT OF ITA NO.46/MUM/2016 ( ASSESSMENT YEAR : 2006 - 07 ) ITO 2(1)(1), MUMBAI VS. M/S. BADHEKA PAPER MAN UFACTURING CO. PVT. LTD., 13, RUSTOM SIDHWA MARG, FAIRY MANOR, FORT MUMBAI 400 001 PAN/GIR NO. AAACB6321Q APPELLANT ) .. RESPONDENT ) REVENUE BY SHRI T.A. KHAN ASSESSEE BY SHRI PRAMOD SHAH DATE OF HEARING 22 / 09/ 201 7 DAT E OF PRONOUNCEME NT 25 / 09 /201 7 / O R D E R PER R.C.SHARMA (A.M) : THIS MISCELLANEOUS APPLICATION IS FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A) - 4 DATED 12/10/2015 WHICH PERTAINS TO THE ORDER PASSED BY THE TRIBUNAL IN ITA NO.46/MUM /2016 DATED 24/08/2016. 2. THROUGH THIS MISCELLANEOUS APPLICATION, IT WAS CONTENDED BY LEARNED DR THAT THE HONBLE ITAT PARTLY ALLOWED THE APPEAL OF THE ASSESSEE AND DIRECTED THE AO TO DELETE THE ADDITION OF RS.21,01,862/ - AS IT HAS ALREADY BEEN OFFERED AS INCOME BY THE ASSESSEE IN ITS PROFIT AND LOSS ACCOUNT. IT WAS POINTED OUT THAT THE AMOUNT RECEIVED ON SALE OF ASSETS BY THE ASSESSEE IS RS.20,01,862/ - AND NOT RS.21,01,862/ - AS MENTIONED IN THE M A NO. 74/MUM/2017 M/S. BADHEKA PAPER MARG CO. PVT. LTD., 2 ITATS ORDER. THERE IS AN APPARENT ERROR IN THE AMOUNT MENTIO NED IN THE ITATS ORDER. 3. WE HAVE GONE THROUGH THE ORDER OF THE TRIBUNAL AND FOUND THAT THERE IS A TYPOGRAPHICAL MISTAKE, ACCORDINGLY, WE RECTIFY THE SAME AND DIRECT THE AO TO DELETE THE ADDITION TO THE EXTENT OF 20,01,862/ - IN PLACE OF RS.21,01,862/ - . WE DIRECT ACCORDINGLY. 4. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLOWED IN TERMS INDICATED HEREINABOVE. O RDER PRONOUNCED IN THE OPEN COURT ON THIS 25 / 09 /2017 S D/ - ( D.T. GARASIA ) S D/ - ( R.C.SHARMA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 25 / 09 /201 7 KARUNA SR. 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. GU ARD FILE. //TRUE COPY//