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2019 (12) TMI 260

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..... the scope of section 254(2) of the Act - there are no merit in the application filed by the assessee and the same is dismissed. Rectification of mistake - failure to disclose the date of acquisition of different share of Dhanwatay House in earlier Assessment Years - absence of documentary evidence for capitalization of interest for A.Y. 2010-11 2011-12 - HELD THAT:- Perusal of order dated 31.05.2019 reveals that the ld. AR of the assessee while making his submission stated that no interest was capitalized in the A.Y. 2009-10 2010-11 as initially the property was acquired from interest free fund. It was pointed out that point in dispute between assessee and Assessing Officer was with regard to amount of interest capitalized pertainin .....

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..... instead of 31.01.2008. It is prayed in the application that the date mentioned in para-13 of the order dated 31.05.2019 may be rectified/substituted as 31.01.2008 in place of 14.02.2008. 3. The ld. AR of the assessee made his submission on similar lines. The ld. AR submits that though the transfer deed/conveyance deed of property was executed on 31.03.2008, however, the necessary payment for acquisition of property was made on 31.01.2008. Therefore, the assessee is entitled for interest allowance under section 24(b) from 31.01.2008. 4. On the other hand, the ld. DR for the revenue submits that there is no mistake which can be said to be apparent in the order dated 31.05.2019. The order is .....

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..... d to disclose the date of acquisition of different share of Dhanwatay House in earlier Assessment Years and that in absence of documentary evidence for capitalization of interest for A.Y. 2010-11 2011-12. It is stated by the assessee that they have filed documentary evidence vide Paper Book dated 04.01.2019 filed in Tapal on 07.01.2019. The copy of application along with the annexed document is also filed along with this Miscellaneous Application. 7. At the time of hearing of Miscellaneous Application, no submission was made by ld. AR of the assessee. Consequent upon as no submission was made by ld. AR of the assessee; the ld. DR has no occasion to controvert the submission of assessee. 8 .....

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