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TMI Blog2020 (6) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... cts relevant thereto are similar to the case of M/s. Shrikant Real Estates (P) Ltd. [ 2012 (10) TMI 854 - ITAT MUMBAI] we respectfully follow the decision of the Coordinate Bench of this Tribunal rendered in the said case and direct the Assessing Officer to rectify the intimation issued under section 143(1) as sought by the assessee thereby allowing the claim of the assessee for set off of long term capital loss carried forward from the earlier years against the long term capital gain of the year under consideration. - Decided in favour of assessee. - I.T.A. No. 2119/Kol/2018 - - - Dated:- 22-5-2020 - Shri P.M. Jagtap, Vice President (KZ) And Shri Aby T. Varkey, JM For the Assessee : Shri H.V. Bhardwaj, FCA For the Revenue : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 154 vide an order dated 08.06.2018 holding that there was no mistake apparent from the record in the intimation issued u/s 143(1). 3. Against the order passed by the AO u/s 154 rejecting her application for rectification, the assessee filed an appeal before the Ld. CIT(A) and since the Ld. CIT(A) did not find merit in the submission made on behalf of the assessee in support of her case, he upheld the order passed by the AO u/s 154 and dismissed the appeal of the assessee. Aggrieved by the order of the Ld. CIT(A), the assessee has preferred this appeal before the Tribunal. 4. The learned counsel for the assessee invited our attention to the relevant portion of the return of income filed for the year under consideration placed at page ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 2013-14 in the case of the assessee. There is also no dispute that the said long term capital loss carried forward from the earlier years was shown by the assessee in the return of income filed for the year under consideration. The dispute is whether the clerical mistake stated to be committed by the Office Staff of the Tax Advisor of the assessee in not claiming the set off of the said loss against the long term capital gain of the year under consideration while filing the return on-line can be corrected by rectifying the intimation issued u/s 143(1) of the Act. In this regard, it is observed that the similar issue was involved in the case of Shrikant Real Estates (P) Ltd. vs ITO (ITA No. 4304/Mum/2012 dated 19.10.2012) before the Mum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... capital gain is to be taxed at special rate u/s. IIIA of the Act i.e. internal page-19 of the return under Schedule CG Capitol gains under item No.7. However, at the same time we find that under Schedule SI-income chargeable to income tax at special rotes IB which is at internal P-24 of the return, the assessee has shown .Short Term Capital Gains (iiia) special rate 10% income ₹ 26585/- which clearly established that the assessee has shown Short Term Capital Gains liable to be taxed at special rate of 10%. Accordingly, reversing the finding of the Ld. CIT(A), we direct the AO to allow credit of the Short Term Capital Gains subject to special to tax as per provisions of Sec. IIIA of the Act and rectify the intimation u/s 143(1) acco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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