DCIT, Circle-3(1), Hyderabad V. M/s. Sanghi Spinners India Ltd., Hyderabad

MA 84/HYD/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0252 (ITAT-HYDERABAD)
• Duration Of Justice: 1 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-05-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 15-03-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMISHA S GUPT
• Assessee Lawyers: V CHANDRASEKHAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER M.A. NO. 84/HYD/2013 (IN ITA NO. 1207/HYD/2009 ASSESSMENT YEAR: 2005-06) DY. COMMISSIONER OF INCOME TAX, APPLICANT CIRCLE 3(1), HYDERABAD. VS. M/S SANGHI SPINNERS INDIA LTD., RESPONDEN HYDERABAD. (PAN AACCS 8619 L) APPELLANT BY : SMT. AMISHA S. GUPT RESPONDENT BY : SHRI V. CHANDRASEKHAR DATE OF HEARING : 19/04/2013 DATE OF PRONOUNCEMENT : 03/05/ 2013 ORDER PER SAKTIJIT DEY, J.M.: THIS MISCELLANEOUS APPLICATION FILED BY THE REVENUE ARISES OUT OF THE ORDER OF ITAT B BENCH, HYDERABAD BENCH ES, HYDERABAD, IN APPEAL ITA NO. 1207/HYD/2010 DATED 04/05/2012. 2. IN THE M.A. IT IS STATED THAT IN THE PREAMBLE OF THE SAID ORDER, THE ASSESSMENT YEAR WAS MENTIONED AS 2007-08 INSTEAD OF 2005-06 AND, HENCE, IT IS A MISTAKE APPARENT FRO M THE RECORD REQUIRING ACTION U/S 254(2) OF THE IT ACT, 1 961. M.A NO. 84/HYD/13 M/S SANGHI SPINNERS INDIA LTD. 2 3. WE HAVE HEARD THE PARTIES AND PERUSED THE RECORD . WE FIND THAT AS POINTED OUT BY THE REVENUE IN THE M.A. THERE IS INDEED A MISTAKE IN THE ORDER OF THE TRIBUNAL IN ME NTIONING THE ASSESSMENT YEAR IN THE CAUSE TITLE. THEREFORE, THE SAME IS RECTIFIED AS UNDER: THE ASSESSMENT YEAR IN THE CAUSE TITLE MAY BE READ AS 2005-06 INSTEAD OF 2007-08 4. IN THE RESULT, THE M.A. FILED BY THE REVENUE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 3 RD MAY, 2013. SD/- SD/- (CHANDRA POOJARI) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIAL MEM BER HYDERABAD, DATED: 03/05/2013. KV COPY TO:- 1) DCIT, CIRCLE 3(1), 7 TH FLOOR, B-BLOCK, IT TOWERS, HYDERABAD. 2) M/S SANGHI SPINNERS INDIA LTD., 4-3-352, BANK STREET, HYDERABAD. 3) THE CIT (A), TIRUPATHI 4) THE CIT, HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD. S.NO. DESCRIPTION DATE INTLS 1. DRAFT DICTATED ON SR.P.S./P.S 2. DRAFT PLACED BEFORE AUTHOR SR.P.S/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.P.S./PS SR.P.S./P.S 6. KEPT FOR PRONOUNCEMENT ON SR. P.S./P.S. 7. FILE SENT TO THE BENCH CLERK SR.P.S./P.S 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER M.A NO. 84/HYD/13 M/S SANGHI SPINNERS INDIA LTD. 3