MRS REALTY PVT. LTD.,KOLKATA vs. ITO, WARD - 9(1), KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal corrected its earlier observation to overturn the decision of the Commissioner of Income Tax (Appeals) and allow the appeal of the assessee. Consequently, the appeal of the Revenue is dismissed, and the assessee succeeds.
What were the facts?
The Income Tax Appellate Tribunal (ITAT) Kolkata had previously passed an order on March 13, 2019. This corrigendum order addresses inadvertent mistakes in the original order concerning the appeal of MRS Realty Pvt. Ltd. for AY 2012-13.
What were the issues?
The primary issue was to correct inadvertent errors in the Tribunal's previous order, specifically regarding the allowance of the assessee's appeal.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH: KOLKATA
Before: Shri A. T. Varkey, JM & Dr. A. L. Saini, AM]
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.”
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