Arvind Prakashan Pvt. Ltd. v. The Commissioner of Income-tax Meerut
[Citation -2019-LL-1016-19]

Citation 2019-LL-1016-19
Appellant Name Arvind Prakashan Pvt. Ltd.
Respondent Name The Commissioner of Income-tax Meerut
Court HIGH COURT OF ALLAHABAD
Relevant Act Income-tax
Date of Order 16/10/2019
Judgment View Judgment
Keyword Tags rectification application • additional documents • material evidence • mistake apparent
Bot Summary: Learned Counsel for the assessee has been contending that in response to the queries made by the A.O. they had filed additional documents by way of letter dated 19.11.2010, which is very much there on the record of the case. This contention of the assessee that he had filed additional documents along with the letter dated 19.11.2010 is correct. The order sheet does not reflect that any orders were passed on the documents enclosed along with the letter dated 19.11.2010. The assessee had applied for rectification on the basis of letter dated 19.11.2010 and from a perusal of the record it is clear that the same has not been considered. The contention of the assessee is correct that material evidence provided by him was not considered and this amounted to a mistake apparent from the face of the record. In view of the above, we deem it fit to remand the matter to the Tribunal to consider the documents filed along with the letter dated 19.11.2010 and pass fresh orders on the rectification application within a period of three months from today by giving an opportunity of hearing to the assessee. The order dated 16.02.2016 passed by the ITAT is set aside.


Court No. - 35 Case :- INCOME TAX APPEAL No. - 331 of 2016 Appellant :- M/S Arvind Prakashan Pvt. Ltd. Respondent :- Commissioner Of Income Tax Meerut Counsel for Appellant :- Kartikeya Saran Counsel for Respondent :- Cscit,Manu Ghildiyal Hon'ble Bharati Sapru,J. Hon'ble Rohit Ranjan Agarwal,J. Heard Sri R.R. Agarwal, learned Senior Counsel assisted by Sri Kartikeya Saran, learned Counsel for appellant- assessee and Sri Manu Ghildyal, learned Counsel for respondent-department. original record of case is before us. Learned Counsel for assessee has been contending that in response to queries made by A.O. they had filed additional documents by way of letter dated 19.11.2010, which is very much there on record of case. Therefore, this contention of assessee that he had filed additional documents along with letter dated 19.11.2010 is correct. order sheet is also on record. record has been shown to both parties as well as to Court. order sheet does not reflect that any orders were passed on documents enclosed along with letter dated 19.11.2010. assessee had applied for rectification on basis of letter dated 19.11.2010 and from perusal of record it is clear that same has not been considered. Therefore, contention of assessee is correct that material evidence provided by him was not considered and this amounted to mistake apparent from face of record. In view of above, we deem it fit to remand matter to Tribunal to consider documents filed along with letter dated 19.11.2010 and pass fresh orders on rectification application within period of three months from today by giving opportunity of hearing to assessee. order dated 16.02.2016 passed by ITAT is set aside. With above observations, appeal is disposed of. No Costs. copy of this order be given to Sri Manu Ghildyal, learned Counsel for respondent-department within 24 hours for necessary communication and compliance. Order Date :- 16.10.2019 S.P. Arvind Prakashan Pvt. Ltd. v. Commissioner of Income-tax Meerut
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