Syndicate Bank, Manipal V. ACIT, Udupi

MA 98/BANG/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4179 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-01-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2000-2001
• Appeal Filed On: 11-11-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JACINTA ZIMIK VASHAI; JASON P BOAZ
• Assessee Lawyers: J SURYA NARAYANA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI K.P.T. THANGAL, VICE PRESIDENT AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER M.P. NO.98/BANG/2009 (ARISING OUT OF ITA NO. 1282/B/09) ASSESSMENT YEAR : 2000-01 M/S. SYNDICATE BANK, MANIPAL. : APPELLANT VS. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 1, UDUPI. : RESPONDENT APPELLANT BY : SHRI J. SURYA NARAYANA RESPONDENT BY : SHRI JASON P. BOAZ & SMT. JACINTA ZIMIK VASHAI O R D E R PER K.P.T. THANGAL, VICE PRESIDENT BY THIS MISCELLANEOUS PETITION, THE ASSESSEE S EEKS RECTIFICATION OF PARA 12 OF THE ORDER OF THE TRIBUNAL DATED 9 TH OCTOBER, 2009. IT IS STATED IN THE PETITION THAT WHILE DEALING WITH GROUNDS NOS. 8 & 9 RAISED BY THE ASSESSEE, THE TRIBUNAL IN PARA 12 UPHELD THE CLAIM OF THE ASSESSEE BUT INADVERTENTLY AT THE END OF THE PARA, IT WAS OBSERV ED APPEAL BY THE ASSESSEE ON THIS GROUND STANDS REJECTED, WHICH IS A MISTAKE APPARENT FROM MP NO.98/BANG/ 09 PAGE 2 OF 3 THE RECORD. IT WAS THEREFORE PRAYED BY THE LD. AR FOR THE ASSESSEE FOR RECTIFICATION OF THE SAME. 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL ON RECORD. WE FIND THAT THE CONTENTION OF THE ASSESSEE IS CORR ECT THAT IN PARA 12 OF THE ORDER DATED 9.10.09, THE TRIBUNAL DEALING WITH GROU NDS NO. 8 & 9 IN ITA NO.1282/BANG/2007, UPHELD THE CASE OF THE ASSESSEE WHICH WAS COVERED BY THE DECISION OF THE TRIBUNAL IN ASSESSEES OWN C ASE IN ITA NO.550/BANG/2006. HOWEVER, IN THE LAST SENTENCE OF THE PARA, IT WAS INADVERTENTLY MENTIONED THAT THE GROUND STANDS REJE CTED. THEREFORE THERE IS A MISTAKE APPARENT FROM THE RECORD AND THE LAST SENTENCE AT THE END OF PARA 12 IS SUBSTITUTED TO BE READ AS UNDER: APPEAL BY THE ASSESSEE ON THIS GROUND STANDS ALLOW ED. 3. EXCEPT FOR THE ABOVE MODIFICATION IN THE CONSOLI DATED ORDER OF THE TRIBUNAL DATED 9.10.09, THE REST OF THE ORDER REMAI NS UNCHANGED AND STANDS AS SUCH. 4. IN THE RESULT, THE MISCELLANEOUS PETITION IS ALL OWED. PRONOUNCED IN THE OPEN COURT ON THIS 15 TH DAY OF JANUARY, 2010. SD/- SD/- ( A. MOHAN ALANKAMONY ) (K.P.T . THANGAL ) ACCOUNTANT MEMBER VIC E PRESIDENT BANGALORE, DATED, THE 15 TH JANUARY, 2010. DS/- MP NO.98/BANG/ 09 PAGE 3 OF 3 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE (1+1) BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.