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CORRIGENDUM Per Sanjay Arora, AM Order under section 254(1) of the Income Tax Act, 1961 (‘the Act’) in the captioned appeals was passed on 21/11/2022. 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 party. The details are as under:-
Para 3.1 (pg.3): The word ‘of’ be inserted after the word ‘and book-profit’ in the 3rd sentence beginning with the words ‘Even as the same….’ & 223/JAB/2018 (AY: 2014-15) Dalmia Cement East Ltd. v. Asst. CIT 2. Para 4 (pg.4): The following words be inserted after the words ‘parties’:. ‘; each relying on the order favourable to it’. 3. Para 5.3 (pg.9): The word ‘not’ be read after the word ‘can’ in the sentence beginning with the words ‘It is trite law that…..’ 4. Para 5.4 (pg.10): a) The words ‘(refer para 5.1)’ be read after the word ‘law’ in the first sentence. b) The words ‘Kedarnath Jute Mfg. Co. Ltd. (supra)’ be substituted by ‘Kedarnath Jute Mfg. Co. Ltd. v. CIT [1971 82 ITR 363 (SC)’ 5. Para 5.5: a) A comma (,) be read before the word ‘on’ instead of after it, in the sentence beginning with the words ‘And which shall be….’ (pg.11) b) The word ‘Hon'ble’ be read before the words ‘Apex Court’ in the following sentence, beginning with the words ‘Why, even in the various decisions….’ (pg. 11) 6. Para 6.3 (pg.13): The word ‘for’ be read after the word ‘or’ in the sentence beginning with the words ‘The Hon'ble Court went on to note..….’ 7. Para 6.4 a) The word ‘be’ be read instead of word ‘is’ before the word ‘eligible’ in the sentence beginning with the words ‘A project set up…’ (pg.16) b) The words ‘relevant part’ after the words ‘Policy has’ in the sentence beginning with the words ‘This is also the reason…..’ be omitted (pg.16) c) The letter ‘a’ be read between the words ‘made’ and ‘part’ in the sentence beginning with the words ‘There is, again surprisingly,….’ (pg.17) d) The word ‘its revenue’ at the end of the following sentence, beginning with the words ‘Its credit to the operating….’ be read as ‘it’s revenues’ (pg.17) e) A comma (,) be read after the word ‘VAT’ in the sentence beginning with the words ‘Any product sold in the market…’ (pg.18) f) The word ‘it’ be read as ‘them’ in the sentence beginning with the words ‘Could, even as questioned….’ (pg.18) & 223/JAB/2018 (AY: 2014-15) Dalmia Cement East Ltd. v. Asst. CIT 8. Para 6.5 a) The word ‘its revenue’ in the sentence beginning with the words ‘Surely, being toward….’ be read as ‘it’s revenues’ (pg.20) b) The words ‘be only’ in the sentence, beginning with the words ‘That apart, the presumption…..’ (pg.21) be read as ‘only be’. c) The words ‘— which we find in effect unchanged’ be read after the words ‘no estoppel against law’ in the sentence beginning with the words ‘Though, true, there is no……..’ (pg.23) d) The words ‘explicit’ and ‘implicit in’ be read instead of the words ‘unequivocal’ and ‘so by’ in the following sentence beginning with the words ‘It’s earlier and consistent stand….’. e)The word ‘claim’ in the sentence beginning with the words ‘The only manner for it……’ be read as ‘claims’ (pg.23) 9. Para 6.6 The word ‘states’ in the 2nd sentence, beginning with the words ‘It is, placing a) reliance on...’ be read as ‘stated’ (pg.24) b) The words ‘Our finding qua this is two-fold, as under:’ be read after the last sentence of the sub-para ending with the words ‘on that basis’ (pg.24) c) The letter ‘a’ be read after the word ‘of’ in the sentence beginning with the words ‘The reimbursement….’ (pg.24) d) The words ‘company, while’ in the sentence, beginning with the words ‘The use of the words….’ (pg.26) be read as ‘company. While’. e) The word ‘Unless, therefore,’ be read instead of the words ‘As long as therefore’ in the sentence beginning with the said words (pg.27) f) The words ‘the proposition of’ be read after the words ‘accords with’ in the sentence beginning with the sentence ‘The decision in …….’ (pg.27) g) The following sentence be read after the sentence ending with the words ‘provision of s. 115JB of the Act.’: ‘The adjustment in that case was qua revaluation reserve, decidedly a capital reserve, credited to the P&L A/c, which was found to be subject to the adjustment in terms of s. 115-JB.’ h) The words ‘and the 1996 judgment never intended to do so’ at the end of the sub-para (pg.27) be omitted.