ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-KATNI , KATNI vs. SHRI SHANKARLAL VISHWKARMA, KATNI

IN THE INCOME TAX APPELLATE TRIBUNAL JABALPUR BENCH, JABALPUR (through web-based video conferencing platform) BEFORE SHRI SANJAY ARORA, HON’BLE ACCOUNTANT MEMBER & SHRI MANOMOHAN DAS, HON'BLE JUDICIAL MEMBER I.T.A. No. 252/JAB/2016 (Asst. Year: 2012-13) Asst. CIT, Circle, Katni vs. Shankarlal Vishwakarma, New Minerals, Jalpa Devi Ward, Katni (MP) [PAN : ABOPV 0281 B] (Appellant) (Respondent) C.O.No. 01/JAB/2017 (Arising out of I.T.A. No. 252/JAB/2016) (Asst. Year: 2012-13) Shankarlal Vishwakarma, vs. Asst. CIT, Circle, Katni New Minerals, Jalpa Devi Ward, Katni (MP) [PAN : ABOPV 0281 B] (Applicant) (Respondent) I.T.A. Nos. 96 & 129/JAB/2018 (Asst. Years: 2013-14 & 2014-15) Asst. CIT, Circle, Katni vs. Shankarlal Vishwakarma, New Minerals, Jalpa Devi Ward, Katni (MP) [PAN : ABOPV 0281 B] (Appellant) (Respondent) C.O.Nos. 10 & 11/JAB/2018 (Arising out of I.T.A. Nos. 96 & 129/JAB/2018) (Asst. Years: 2013-14 & 2014-15) Shankarlal Vishwakarma, vs. Asst. CIT, Circle, Katni New Minerals, Jalpa Devi Ward, Katni (MP) 1 | P a g e

ITA Nos. 96 &129/JAB/2018 (A.Y. 2013-14 & 2014-15) ITA No. 252/JAB/2016 (A.Y. 2012-13) C.O.Nos.10 & 11/JAB/2018 & 01/JAB/2017 Shankarlal Vishwakarma

[PAN : ABOPV 0281 B]

(Applicant) (Respondent)

CORRIGENDUM Per Bench Order under section 254(1) of the Income Tax Act, 1961 (‘the Act’) in the captioned Appeals & Cos. was passed on 27/01/2023. It is, however, found that there have occurred certain omissions in the said order, which are, therefore, hereby sought to be rectified through this corrigendum order. The same being only a correction of those errors, does not therefore per se cause any prejudice to either side. The details are as under:- 1. Para 2.1 (pg.2) a) The word ‘the’ be read instead of the word ‘to’ after the word ‘background’ in the first sentence of the para. b) The words ‘was the case for’ be read instead of the words ‘were’ before the words ‘the returns for AYs. 2007-08 and 2008-09…..’ in the last sentence of the para, and the word ‘were’ occurring in the sentence be omitted. 2. Para 2.2. (pg.4) : The word ‘assessment’ in the sentence beginning with the words ‘It may be noted’, be read as ‘assessments’ 3. Para 2.4 (pg.5) : The word ‘had’ be read instead of the word ‘has’ before the words ‘decline from Rs. 21.11 crores’. 4. Para 3.3 (pg.9) : The word ‘be’ be read after the words ‘this may not’ in the second sentence of the para, beginning with the words ‘We are conscious….’ 5. Para 3.4 (pg.14): The word ‘a’ be read between the words ‘to’ and ‘plot’ in the sentence beginning with the words ‘Sure, the assessee has before’ 6. Para 5.2 (pg.19): The word ‘thing’ in the sentence beginning with the words ‘Further, two…’ be read as ‘things’. 7. Para 6 (pg.27): The words ‘We may before we conclude this part of the order’ occurring in sub-para 2 of para 6, be omitted. 2 | P a g e

ITA Nos. 96 &129/JAB/2018 (A.Y. 2013-14 & 2014-15) ITA No. 252/JAB/2016 (A.Y. 2012-13) C.O.Nos.10 & 11/JAB/2018 & 01/JAB/2017 Shankarlal Vishwakarma 8. Para 7 (pg.27-28): The word ‘an’ be read between the words ‘over’ and ‘period’ in the sentence beginning with the words “Further, even as observed during……..’ 9. Para 11.1 (pg.30): a) The words ‘by us' occurring after the word ‘correctness’ in the sentence beginning with the words ‘Apart from the………’, be omitted. b) Notation ‘i.e.,’ be inserted after the word ‘business’ in the sentence beginning with the words ‘That the assessee is ….’ and ending with the word ‘irrelevant’ (pg. 30-31). c) The word ‘making’ in the sentence beginning with the words ‘The foregoing explains both……..’ and ending with the word ‘entire process’ (at pgs. 35-36), be read as ‘made’. 10. Para 19 (pg. 67): In the following sentence, at sub-para 4 of the para (at pg. 67), the words ‘this’ and ‘finding’ be read as ‘his’ and ‘findings’: ‘None of this finding has been met or rebutted at any stage, including before us.’ 11. Para 20 (pg. 68) The words: ‘(refer para 19)’ be read in the sentence beginning with the words ‘We do not, …..’, after the words ‘in the facts of the case’, and the word ‘the’ be read before the word ‘assessee’. And the following sentence be read thereafter: ‘Science has yet not invented any instrument to measure reliability of evidence (CIT v. Durga Prasad More [1971] 82 ITR 540 (SC) (also see: CIT v. Rimjhim Ispat Ltd. [2016] 382 ITR 152 (All). 12. Para 25 (pg. 71) The following sentence be read at the end of the para at pg. 71: ‘Rather, the said expenditure, not booked, even as the assessee stands compensated in its respect, disproves the expense claimed.’

Sd/- Sd/- (Manomohan Das) (Sanjay Arora) Judicial Member Accountant Member Dated: 28/02/2023 vr 3 | P a g e

ITA Nos. 96 &129/JAB/2018 (A.Y. 2013-14 & 2014-15) ITA No. 252/JAB/2016 (A.Y. 2012-13) C.O.Nos.10 & 11/JAB/2018 & 01/JAB/2017 Shankarlal Vishwakarma Copy to: 1. The Assessee: Shri Shankarlal Vishwakarma, New Minerals, Jalpa Devi Ward, Katni (MP) 2. The Revenue : Asst. CIT, Circle, Katni 3. The Principal CIT-2, Jabalpur (MP) 4. The CIT-DR, ITAT, Jabalpur. 5. Guard File. By order

(VUKKEM RAMBABU) Sr. Private Secretary, ITAT, Jabalpur.

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