Income Tax Ordinance (XXXI of 1979)---

-----S.156---Application for rectification of mistake in Tribunal's order-- Mistake occurred in Tribunal's order was that the auction price of plot in a town had wrongly been taken as Rs.36,000 per marla whereas a corner plot in the same town had been auctioned at Rs.27,5W per marls---Tribunal while accepting the application for rectification observed that it would be reasonable to adopt the value of the plot at Rs.27,500 per marla and the order of the Tribunal was rectified to that extent.

Fayyaz Chaudhry and Fazal Mahmood Fardosi for Applicant.

F.D. Qaiser, D.R. for Respondent.

Date of hearing:11th May, 1992.

ORDER

ABRAR HUSSAIN NAQVI (JUDICIAL MEMBER)---This .is a miscellaneous application filed under section 156 of the Income-tax Ordinance for rectification of mistake in our order pissed in LT.A. No. 1180/LB/1990-91 relating to the assessment year 1989-90 (wrongly mentioned in the application as 1990-91).

2. In this application the assessee's contention is that while disposing of the appeal the Tribunal has wrongly taken the sale rate per marla at Joher Town, Lahore at Rs.36,000 per marla while in fact it was Rs.26,000 per marls. The learned counsel for the assessee contended that had this mistake not been committed the Tribunal would have come to a different conclusion. The learned counsel, for the assessee pointed out the alleged mistake referring to the following observation of the Tribunal:--

"The learned A.R. of the assessee emphasised that land was sold in Joher Town which is adjacent to PCSIR Colony and the open price is Rs.36,000 per marla."

3. It was further contended by the learned counsel for the assessee that the ITO, on the mistaken belief that the rates in Joher Town were at Rs.36;000 per marla, adopted the value of the plot on that basis. In order to show that the value at Rs.36,000 per marla in Joher Town has been wrongly mentioned by the Tribunal in its order, the learned counsel has referred to the details of auction prices of plots in Joher Town and on that basis it was contended that the prices of various plots ranged from Rs.23,000 to Rs.28,000 per marla. It was however contended that the plot under consideration had been purchased by the assessee in July, 1988 and therefore, the prices of plots auctioned in July, 1988 in Joher Town would be relevant. The plots auctioned on 6th July, 1988 were sat the rate of Rs.26,128 per marla and Rs.26,651 per marla. However, on perusal of the auction list we also find that 1-kanal plot was auctioned on 11th May, 1988 at the rate of Rs.27,500 per marla. The learned counsel for the assessee however, pointed out that that was a corner plot. It was further contended that had the Tribunal not taken the value in Joher Town at Rs.36,000 per marla the conclusion arrived at in its order would have been different. There is force in the contention of the learned counsel for the assessee. It appears that there has been a mistake in the Tribunal's order passed in ITA No. 1180/LB/1990-91, dated 13-1-1992 in that the auction prices of plots in Joher Town had wrongly been taken at Rs.36,000 per marla. However, since in May 1988 a corner plot had been auctioned at Rs.27,500 per marls it would be reasonable to adopt the value of this plot at Rs.27,000 per marla. The order of the Tribunal is rectified to that extent and this order I should be read as part of that order. The miscellaneous application succeeds accordingly.

M.BA./1607/T Application accepted.