2026 (3) TMI 1750

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....R For the Revenue : Shri Abhijit, SR-DR ORDER PER NARENDRA PRASAD SINHA, ACCOUNTANT MEMBER: This Miscellaneous Application is filed by the assessee with a request to rectify the mistake in the order dated 25.11.2025 in ITA No. 1360/Ahd/2025 for the Assessment Year (A.Y.) 2018-19. 2. Shri Naman Desai, the Ld. AR of the assessee explained that while deciding the ground No. 1 raised by....

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....nder serious doubt as the assessee was not in existence on 17.03.2017. This aspect was not examined by the AO and the submission of the assessee was accepted on its face value Be that as it may, the fact remains that no work could have been executed by the assessee prior to the date it came into existence i.e. on 17.04.2017. The sub contract agreement with M/s. PKS Technobuild Pvt. Ltd. was entere....

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....he transportation expenses of Rs. 41,48,000/-, which was never incurred, appears to be correct considering the above discrepancy. There was no reference of the MOU dated 10.04.2017 or any transportation expenses being incurred by the assessee for initial 0.5 km of the contract length, in the sub contract agreement dated 18.04.2017. Considering these facts, the Assessing Officer had rightly disallo....

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....was allotted. Further, on the strength of this MoU the assessee was also allocated tenders by Western Railway on 17.03.2017 and on 28.03.2017. Considering these facts, the finding given in the order that the assessee came into existence vide the Joint Venture Agreement on 17.04.2017 and the earlier MoU dated 10.04.2014 couldn't have been signed by it, was an apparent error in the order. The Ld. AR....