MRS REALTY PVT. LTD., ,KOLKATA vs. ITO, WARD - 9(1), KOLKATA , KOLKATA

Per Shri A.T.Varkey, JM Tribunal has passed an order on 13.03.2019 in AY 2012- 13. In the said order some inadvertent mistakes have been crept in the following manner:

1) In para 23 the Tribunal inadvertently observed as under:

“Applying the propositions laid down in these case laws to the facts of this case, we are inclined to uphold the order of the Ld. Commissioner of Income Tax (Appeals).” In place of the above observation in para 23 the correct observation should be read as under:

“Applying the propositions laid down in these case laws to the facts of this case, we are inclined to overturn the decision of Ld. Commissioner of Income Tax (Appeals) and allow the appeal of the assessee.”

2) In para 24 the Tribunal inadvertently observed as under:

MRS Realty Pvt. Ltd., AY 2012-13

“Therefore, we do not want to interfere in the impugned order of Ld. CIT(A) which is confirmed and consequently the appeal of Revenue is dismissed.”

In place of the above observation in para 24 the correct observation should be read as under:

“Therefore, we allow the appeal of the assessee and assessee succeeds.”