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TMI Blog2021 (1) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... yal, CA For the Respondent : Sh.Bhagwati Charan,Sr. DR ORDER PER SUCHITRA KAMBLE, JM This Miscellaneous Application is filed by the assessee in respect of order dated 23/10/2020. 2. The Ld. AR submitted that in Para 7 of the order dated 23/10/2020, the Rule quoted was 26 but the actual Rule is 27 of the Income Tax (Appellate Tribunals) Rules 1963. Thus, it is a typical error which should be r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the copy of said MOU was submitted before the AO along with objections to the reasons recorded u/s 148. The appellant has also filed copy of said MOU in the paper book filed before me at page 96-102. On perusal of the MOU it is noticed that the same is signed by the director of the two companies. As per the clause 6(six) of the terms and conditions of the MOU, the rolling mill business at Satha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT(A). 3. The Ld. DR submitted that these are the typographical and inadvertently mistakes. Emerging from the order dated 23/10/2020. 4. We have heard both the parties and perused the material available on record. There is inadvertent mistake in the Para 7 that of typographical and in Para 8 that of mistake regarding the facts of the case. Hence, the present misc. application is allowed and we m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing Officer . On perusal of the MOU it is noticed that the same is signed by the Director of the two companies. As per the clause 6(six) of the terms and conditions of the MOU, the rolling mill business at Satharia which was being run by the assessee company was transferred to M/s Abhinav Steel Pvt. Ltd. Thus, the observations of the Assessing Officer that no confirmation from M/s Abhinav Steel P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, there is no capital gain/loss as per the provisions of the Income Tax Act. Thus, there is no need to interfere with the finding of the CIT (Appeals). Hence, appeal of the Revenue is dismissed." Thus, the miscellaneous Application filed by the assessee is allowed. 5. In result, Miscellaneous Application filed by the assessee is allowed. Order pronounced in the Open Court on this 18th Day of D ..... X X X X Extracts X X X X X X X X Extracts X X X X
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