TMI Blog2014 (5) TMI 360X X X X Extracts X X X X X X X X Extracts X X X X ..... not right in allowing the assessee’s appeal would be incongruous with such expression - the Tribunal committed an error in reversing its own decision which was rendered on merits, on an application for rectification filed by the assessee on the plain ground that the earlier order suffered from typographical error – thus, the order of the Tribunal is set aside – Decided in favor of revenue. - Tax Appeal No. 165 of 2014 - - - Dated:- 28-4-2014 - Akil Kureshi And Sonia Gokani,JJ. For the Appellant : Mrs. Mauna M. Bhatt, Advocate For the Respondent : Mr SN Divatia, Advocate ORDER (Per : Honourable Mr. Justice Akil Kureshi) On 11th March 2014, we had issued notice for final disposal of the appeal. In response to su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,424/- on various dated and to re-compute interest u/s.244A upto the date of order and also allow interest on that amount till the date of issue of the fresh refund of the said amount subject to adjustment of the amount already refunded. The refund of Rs.6,21,52,043/- determined in 18/8/2009 and granted on 28/8/2009 will be revised after computation of the interest u/s.244A. The said interest amount also is to be refunded and interest on the said amount is to be allowed till the date of issue of fresh refund. Against such direction of the CIT (Appeals), the Revenue approached the Tribunal. The Tribunal in the first order dated 14.6.2013, held in favour of the Revenue making following observations: 5. We have heard the rival contenti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed inadvertently in conclusion. The words Right/Rightly as well as the word not was incorrectly used. After noticing an apparent error, we hereby rectify the mistake and replace the concluding lines; which shall hereafter be read as under: Thus, the A.O. was wrong in adjusting the tax from the tax paid by the assessee at Rs.3,12,82,424/-. After adjusting the tax on Rs.24,76,000/-at Rs.14,85,600/-, he calculated wrongly net refund including interst at Rs.6,21,52,043/-. Thus, we have considered view that CIT(A) was right in allowing the appeal of the assessee. Accordingly, we confirm the order of the CIT(A). 5. In the result, M.A. is allowed. The order of the Tribunal reversing the decision of the CIT(Appeal) was clear. After d ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
