Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (3) TMI 1782 - AT - Income TaxRectification of mistake - deduction u/s 80IA on the basis of sale price of electricity - HELD THAT:- Co-ordinate Bench vide its order for Asst. Year 2005-06 to 2007-08 in assessee’s own case allowed assessee’s claim of deduction u/s 80IA of the Act by taking the sale price at ₹ 4.55 per unit. However, in para 24 of the Tribunal’s order dated [2016 (1) TMI 125 - ITAT AHMEDABAD] it was wrongly mentioned that ground of assessee is partly allowed and no interference is called for in the order of ld. Commissioner of Income Tax(A). We are of the opinion that in these peculiar facts an apparent mistake has cropped up in the Tribunal’s order dated 19.11.15 giving rise to a contradictory view occurring in para 23 and para 24 of the order. We thus recall our finding mentioned in para 24 of the order dated 19.11.15 and replace it with the following paragraph :- “Respectfully following the ratio of decision taken by the Co-ordinate Bench in assessee’s own case, we set aside the order of ld. Commissioner of Income Tax(A) and allow the ground of assessee.” Miscellaneous application filed by the assessee is allowed
|