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2016 (3) TMI 1366 - AT - Income TaxRectification u/s 154 - sale proceeds of shares of Tripex Overseas Ltd. was considered in A.Y 2007-08, therefore, the Tribunal has wrongly confirmed the addition in A.Y 2001-02 - HELD THAT - Tripex Overseas Ltd. shares were purchased in A.Y 2006-07 and were sold in A.Y 2007-08, therefore, sale proceeds of the shares should be brought to tax net in A.Y 2007-08 and not in A.Y 2001-02. To rectify the mistake apparent from the record, we direct the AO to verify the order passed by him for A.Y 2007-08 to ensure that there is an addition on account of sale of shares of Tripex Overseas Ltd. and if he finds that the sale proceeds of shares of Tripex Overseas Ltd. had already been taxed in A.Y 2007-08, the same should not be again added in A.Y 2001-02 under consideration. Miscellaneous application filed by the assessee is allowed in part for statistical purposes.
Issues:
1. Incorrect addition of sale proceeds of shares in A.Y 2001-02 instead of A.Y 2007-08. 2. Verification and rectification of the mistake apparent from the record by the Assessing Officer (AO). 3. Application for rectification of the mistake apparent from the record in A.Y 2001-02. Analysis: 1. The Miscellaneous Application (MA) arose from ITA No. 5539/Mum/2012 for A.Y 2001-02, where the contention was that the sale proceeds of shares of Tripex Overseas Ltd. were considered in A.Y 2007-08, not in A.Y 2001-02. The Tribunal confirmed the addition in A.Y 2001-02, which was incorrect. The shares were purchased in A.Y 2006-07 and sold in A.Y 2007-08, indicating that the sale proceeds should have been taxed in A.Y 2007-08. The Tribunal directed the AO to verify the order passed for A.Y 2007-08 to rectify the mistake. If the sale proceeds were already taxed in A.Y 2007-08, they should not be added again in A.Y 2001-02. The MA was allowed in part for statistical purposes. 2. In MA No. 213/Mum/2015, similar facts were observed in A.Y 2001-02 (ITA No. 7526/Mum/2013) as in A.Y 2001-02 (ITA No. 5539/Mum/2012). Following the same reasoning, the Tribunal directed the AO to verify the assessment records for A.Y 2007-08 and make decisions accordingly. Both MAs filed by the assessee were allowed in part for statistical purposes. The order was pronounced on 16th March 2016, rectifying the mistake apparent from the record and ensuring the correct taxation of the sale proceeds of shares.
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