SHRI SHRI SUDHIR KUMAR AGRAWAL, DURG,DURG(CG) vs. THE INCOME TAX OFFICER, WARD-2(2), BHILAI, BHILAI(CG)
What did the Tribunal hold?
The Tribunal held that the corrigendum application was not maintainable as it was filed by the counsel and not the assessee. The assessee was given liberty to file it again as per the prescribed procedure.
What were the facts?
The assessee's counsel filed a corrigendum application to rectify clerical mistakes in a previous order. The Tribunal noted that such applications, like the original appeal, must be signed by the assessee himself unless impossible.
What were the issues?
Whether a corrigendum application to an ITAT order needs to be signed by the assessee, similar to the original appeal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
The present corrigendum application seeking rectification of certain clerical mistakes in the order passed by the Tribunal while disposing off the appeal in for A.Y 2012-13, dated 17.10.2022 has been filed before us on 20.10.2022. On a perusal of the aforesaid 2 Shri Sudhir Kumar Agrawal, Durg Vs. ITO, Ward-2(2), Bhilai application, we find that the same had been filed not by the assessee appellant but by his counsel. As an appeal in Form No.36 r.w. Rule 47(1) r.w. Rule 45(3) of the Income Tax Rules, 1962 read a/w. Section 140 of the Income-tax Act, 1961 (for short ‘the Act’) is required to be signed by the individual appellant (except for where it is not possible for the individual to so verify), therefore, the corrigendum application is also to be similarly filed by the assessee appellant.
More judgments on Section 140
- ACIT, New Delhi vs Ravi Construction Pvt Ltd, DelhiITA 4005/DEL/2026[2019-20]Status: Disposed30 Sept 2026AY 2019-20
- Bhadohi Industrial Development Authority… vs Assistant Commissioner of Income Tax…ITA 325/LKW/2023[2016-17]Status: Disposed19 May 2026AY 2016-17
- Sri Sarva Dharma Samanvaya Trust… vs CIT Exemptions, BangaloreITA 2464/BANG/2025[2025-26]Status: Disposed30 Mar 2026AY 2025-26
- Rajiv Gandhi University of Health Sciences… vs Assistant Commissioner of Income…ITA 113/BANG/2024[2015-16]Status: Heard26 Mar 2026AY 2015-16
- Srs It Solutions P.Ltd, New Delhi vs DCIT, Central Circle-II, FaridabadITA 3636/DEL/2018[2008-09]Status: Disposed23 Jan 2026AY 2008-09
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