DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA vs. M/S RESONANT WEALTH CONSULTANCY PVT. LTD., JAIPUR

PDF · subscribers
ITA 1369/JPR/2018Status: DisposedITAT Jaipur10 July 2019AY 2013-143 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal rectified the apparent typographical mistakes in the previous order. The date of filing of the return of income pursuant to a notice under Section 153C was corrected, and the due date for issuing a notice under Section 143(2) was also amended.

What were the facts?

The assessee filed an application under Section 254(2) of the Income Tax Act, 1961, seeking rectification of typographical errors in a previous ITAT order. The errors pertained to the date of filing of the return of income and the limitation period for issuing a notice under Section 143(2).

What were the issues?

The key issues involved were the correction of apparent typographical errors in the ITAT's previous order concerning the dates related to the filing of returns and the issuance of statutory notices.

Which sections of the Income-tax Act were involved?

Section 254(2),Section 153C,Section 143(2)

AI-generated summary — verify with the full judgment below

Bench vide consolidated order dated 24/05/2019.

2.

An application U/s 254(2) of the Income Tax Act, 1961 (in short, the Act) has been filed by the assessee stating that some typographical

ITA 1369, 1370 & 1371/JP/2018 & C.O. 01, 02, & 03/JP/2019_ 2 DCIT, Jaipur vs. M/s Resonant Wealth Consultancy Pvt. Ltd., Jaipur mistakes are apparent in the order dated 24/05/2019 in respect of AY 2013-14 in terms of date of filing of the return of income pursuant to notice u/s 153C in para 3 and limitation for issuance of notice u/s 143(2) of the Act.

3.

From perusal of the order passed by the Bench, it is observed that at page 5 in para 3 of the order, the date of filing of return of income pursuant to notice u/s 153C has been inadvertently typed as 05.02.2014 instead of 27.10.2017 which is now rectified u/s 254 (2) of the Act as the mistake is apparent on record. After the rectification, the relevant date of filing of return of income pursuant to notice u/s 153C shall now be read as “27.10.2017.”

4.

Further, it is observed that at page No. 14 in para 14 at lines No. 13 and 26 of the Tribunal order, the due date for issuance of notice U/s 143(2) of the Act in the context of the original return of income has been inadvertently typed as “03/09/2014” instead of “30/09/2014” which is now rectified u/s 254 (2) of the Act as the original return of income has been filed on 5.02.14 and the mistake is apparent on record. After the rectification, the due date for issuance of notice U/s 143(2) of the Act shall now be read as “30/09/2014”.

ITA 1369, 1370 & 1371/JP/2018 & C.O. 01, 02, & 03/JP/2019_ 3 DCIT, Jaipur vs. M/s Resonant Wealth Consultancy Pvt. Ltd., Jaipur Except the above, there are no other changes in the Tribunal order dated 24.05.2019.

More judgments on Section 153C

All 9,619 judgments and leading authorities on Section 153C →

Recent GST High Court judgments

Search GST case law →