HERSHEY INDIA P.LTD, MUMBAI V. DCIT 14(2)(1), MUMBAI

MA 872/MUM/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6610 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-05-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: J
• Assessment Year: 2011-2012
• Appeal Filed On: 30-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN KUMARSR
• Assessee Lawyers: JAYANT KHAMKAR

Judgement Text

, INCOME-TAX APPELLATE TRIBUNAL -JBENCH MUMBAI , , , BEFORE S/SHRI RAJENDRA,ACCOUNTANT MEMBER AND RAM LAL NEGI,JUDICIAL MEMBER / MA NO.872/MUM/2017 (ARISING OUT OF / ITA NO.1409/MUM/2015) /ASSESSMENT YEAR-2011-12) HERSHEY INDIA PVT.LTD. (FORMERLY GODREJ HERSHEY LTD.) C/O., KALYANIWALLA & MISTRY ARMY & NAVY BUILDING, 3 RD FLOOR 148, M.G. ROAD,FORT,MUMBAI-400 001. PAN:AABCT 6106 C VS. DCIT, -14 (2)(1) ERSTWHILE DY.CIT-10(2) ROOM NO.432, 4 TH FLOOR AAYAKAR BHAWAN, M.K. ROAD MUMBAI-400 020. ( /APPELLICANT ) ( / RESPONDENT ) REVENUE BY: SHRI SUMAN KUMAR-SR.DR ASSESSEE BY: SHRI JAYANT KHAMKAR / DATE OF HEARING: 04.05.2018 / DATE OF PRONOUNCEMENT: 04.05.2018 ORDER/ , - PER RAJENDRA, AM - VIDE ITS APPLICATION,DATED 30/11/2017,THE ASSESSEE HAS STATED THAT THERE WERE CERTAIN MISTAKES IN THE ORDER OF THE TRIBUNAL DATED 20/05/2 017,THAT SAME WERE TO BE RECTIFIED AS PER THE PROVISIONS OF SECTION 254(2) OF THE ACT,THAT TH ERE WERE TYPOGRAPHICAL MISTAKES ON PAGE-3 AND PAGE-4 OF THE ORDER IN ITA NO.1409/MUM/2015 (AY .2011-12) (PARA-3.1 AND 3.2), THAT THE FIGURE MENTIONED BY THE TRIBUNAL IN PARA-3,PAGE -3 IS RS.2958 LAKHS AND RS.56 LAKHS, THAT THE CORRECT FIGURE WAS RS.336 LAKHS AND RS.958 LAKH S, THAT IN PARA 3.2 AS AGAINST THE FIGURE OF RS.299.5 CRORE A FIGURE OF RS.299.3 HAS BEEN MENTIO NED. 2. DURING THE COURSE OF HEARING BEFORE US, THE AUTHORI SED REPRESENTATIVE STATED THAT THE FIGURES MENTIONED IN THE ORDERS REQUIRE RECTIFICATI ON.THE DEPARTMENTAL REPRESENTATIVE (DR) LEFT THE ISSUE TO THE DISCRETION OF THE BENCH. WE HAVE PERUSED THE MATERIAL AVAILABLE. WE FIND THA T THERE IS TYPOGRAPHICAL ERROR IN THE FIGURES IN PARA -3 AND 3.2. PARA-3-PAGE-3 SHOULD BE READ AS UNDER:- . 3 .AFTER CONSIDERING THE SUBMISSION OF THE ASSESSEE D ATED 27/ 11/ 2013,THE AO OBSERVED THAT THE VERIFICATION OF THE BALANCE SHEET REVEALED THAT DUR ING THE YEAR UNDER CONSIDERATION THE CAPITAL WORK IN PROGRESS INCREASED RS. 336 LAKHS AS AGAINST RS. 958 LAKHS IN THE PREVIOUS YEAR, . 872/M/17-HERSHEY INDIA PVT.LTD. 2 SIMILARLY AT PARA 3.2 THE FIGURE SHOULD BE READ AS RS.299.5 CRORES AND NOT RS.299.3 CRORES AS MENTIONED IN THE ORDER.THE ORDER OF THE TRIBUNAL DA TED 24 TH MAY, 2017 IN ITA NO.1409/ MUM/2015(2011-12) STANDS MODIFIED TO THE ABOVE EXTE NT. AS A RESULT, MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE STANDS ALLOWED. . .. . ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH MAY, 2018. 4 , 2018 SD/- SD/- ( / RAM LAL NEGI ) ( / RAJENDRA ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; /DATED :4.5. 2018. JV.SR.PS. / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 5. DR J BENCH, ITAT, MUMBAI / , , . . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , /ITAT, MUMBAI.