2019 (12) TMI 260

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....lant : Shri Bhavin Parekh (AR) For the Respondent : Shri Satya Pinisetty (Sr. DR) ORDER UNDER SECTION 254(2)OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER; 1. These two Miscellaneous Applications (M.A.) are filed by the assessee for seeking rectification of alleged mistake in the order dated 31.05.2019 passed in ITA(s) No. 2867 & 2859/Mum/2016 for Assessment Year 2008-09 & 2012-13 ....

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....tion 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 based on the categorical finding on the observation of the bench and on the submission of assessee....

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....ee. After accepting the submission of assessee, we have allowed the interest allowance under section 24(b) from 14.02.2008. The assessee is now seeking the review of the order, which is beyond the scope of section 254(2) of the Act. Hence, we do not find any merit in the application filed by the assessee and the same is dismissed. M.A No. 520/Mum/2019 for AY 2012-13 6. In this M.A., the asse....

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....ontrovert the submission of assessee. 8. We have considered the contents of Miscellaneous Application and the order passed on 31.05.2019. 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....