Sri Vignesh Yarns Private Limited, Tiruppur V. DCIT, Tiruppur

MA 89/CHNY/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3596 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-10-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 09-10-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 13-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH IRS JCIT
• Assessee Lawyers: N VIJAY KUMAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI , . , ! ' BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI G. PAVAN KUMAR, JUDICIAL MEMBER M. P.NO.89/MDS/2015 (IN ITA NO.1218/MDS/2014) ! # $# / ASSESSMENT YEAR : 2010-2011 SRI VIGNESH YARNS PRIVATE LIMITED, 88, F-17C, KAMARAJ ROAD, TIRUPPUR 641 604 VS. THE DEPUTY COMMISSIONER OF INCOME TAX, COMPANY CIRCLE TIRUPUR (PAN NO.AACCS 4775P) PETITIONER ( RESPONDENT) PETITIONER BY : SHRI. N. VIJAYKUMAR, C.A. RESPONDENT BY : SHRI. A.V. SREEKANTH, IRS, JCIT. % & / DATE OF HEARING : 09.10.2015 '($ % & / DATE OF PRONOUNCEMENT : 16.10.2015 / O R D E R PER G. PAVAN KUMAR, JUDICIAL MEMBER : THE ASSESSEE HAS FILED MISCELLANEOUS PETITION FOR THE MISTAKE CREPT IN ORDER OF THE TRIBUNAL IN ITA NO.12 18/MDS/2014, DATED 4.02.2015. M.P.NO.89/2015 (IN ITA NO.1218/MDS/2014) :- 2 -: 2. THE ASSESSEE COMPANY FOR THE ASSESSMENT YEAR 2010 -11 HAS FILED MISCELLANEOUS PETITION FOR CORRECTION OF ASSESSMENT YEAR AND THE FACTS OF THE CASE ARE AS UNDER:- THE ASSESSEE IS ASSESSED TO INCOME TAX BY DCIT, CO MPANY CIRCLE, TIRUPPUR FOR THE ASSESSMENT YEAR 2010-2011. AGAINST THE ORDER UNDER SECTION 143(3), OF THE INCOME TAX ACT DATED 3 0.11.2012 FILED AN APPEAL BEFORE THE COMMISSIONER OF INCOME TAX (APPEA LS)-III, COIMBATORE. THE LD.CIT(A) HAS ALLOWED THE APPEAL O F THE ASSESSEE VIDE ITA NO.82/12-13, DATED 24.12.2013. AGAINST T HE ORDER OF CIT(A), THE REVENUE HAS ASSAILED AN APPEAL BEFORE THE TRIB UNAL IN ITA NO.1218/MDS/2014. 3. THE APPEAL WAS HEARD BY THE TRIBUNAL AND COMMON OR DER WAS PASSED ALONGWITH OTHER ASSESSEE ON SIMILAR GROU ND AND DISMISSED THE REVENUE APPEAL VIDE ORDER DATED 04.02.2015. NO W, THE ASSESSEE COMPANY HAS FILED MISCELLANEOUS PETITION TO RECTIFY THE MISTAKE PRINTED ON THE ORDER FOR ASSESSMENT YEAR 2009-2010 INSTEAD OF CORRECT ASSESSMENT YEAR 2010-2011. WHEN THE MATTER HAS CO ME UP FOR HEARING TODAY, THE LD. COUNSEL HAS SUBMITTED THAT M ISCELLANEOUS PETITION IS FILED ONLY TO CHANGE THE ASSESSMENT YE AR FROM 2009-10 TO 2010-11 AND REQUESTED THE TRIBUNAL TO PASS THE ORDE RS ACCORDINGLY. M.P.NO.89/2015 (IN ITA NO.1218/MDS/2014) :- 3 -: 4. ON THE OTHER HAND, THE LD. DR ALSO CONSENTED TO THE SUBMISSIONS OF THE LD. AUTHORISED REPRESENTATIVE. 5. AFTER HEARING THE SUBMISSIONS OF BOTH PARTIES THERE IS TYPOGRAPHICAL MISTAKE OF ASSESSMENT YEAR AND WE CORRECT THE MISTA KE BY SUBSTITUTING THE ASSESSMENT YEAR FROM 2009-2010 TO 2010-2011 AND PASS THE ORDER ACCORDINGLY. 6. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON FRIDAY, THE 16 TH DAY OF OCTOBER, 2015, AT CHENNAI. SD/- SD/- ( ) (CHANDRA POOJARI) / ACCOUNTANT MEMBER ( . ) (G. PAVAN KUMAR) /JUDICIAL MEMBER / CHENNAI ) / DATED: 16.10.2015 KV * % ,!&-. /.$& / COPY TO: 1 . PETITIONER 4. CIT 2 RESPONDENT 5. DR 3. CIT(A) 6. GF