Shri Ramesh Kumar Agrawal, Bhopal V. The ITO, Bhopal

ITA 190/IND/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 66612 (ITAT-INDORE)
• Duration Of Justice: 3 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2002-2003
• Appeal Filed On: 10-04-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Assessee Lawyers: VINOD KOL
• Keywords: Rectification of order
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, J.M. AND SHRI R.C.SHARM A, A.M. PAN NO. : ADNPA8341C I.T.A.NO. 190 /IND/201 2 . A.Y. : 2002 - 03 SHRI RAMESH KUMAR AGRAWAL, PROPRIETOR M/S. AGRAWAL MEDICAL AGENCIES, 11, DAWA BAZAR, HAMIDIA ROAD, BHOPAL VS. ITO, WARD 3(2), BHOPAL APPELLANT RESPONDENT APPELLANT BY : SHRI VINOD KOL, ADV. RESPONDENT BY : SHRI R. A. VERMA, SR. DR DATE OF HEARING : 25 .0 7 .2012 DATE OF PRONOUNCEMENT : 01 . 0 8 .201 2 O R D E R PER R. C. SHARMA, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A) DATED 08/02/2012 FOR THE ASSESSMENT YEAR 2002-03 -: 2: - 2 IN THE MATTER OF ORDER PASSED U/S 154 OF THE INCOME -TAX ACT, 1961. 2. RIVAL CONTENTIONS HAVE BEEN HEARD AND RECORDS PERUSED. IN THIS APPEAL, THE ASSESSEE HAS RAISED GR OUND WITH REGARD TO DISALLOWANCE OF CAPITAL LOSS ON SALE OF A SSETS AT RS. 51,999/- AND DISALLOWANCE OF INTEREST PAID ON ACCOU NT OF EXCESS WITHDRAWAL FROM PARTNERS CAPITAL ACCOUNT AT RS. 1,02,127/-. HOWEVER, THIS APPEAL IS FILED AGAINST T HE RECTIFICATION ORDER PASSED BY THE LD.CIT(A) U/S 154 DATED 8.2.2012. BY THE IMPUGNED ORDER, THE CIT(A) RECTIFI ED THE MISTAKE APPARENT IN HIS ORDER DATED 14.10.2011 AND, ACCORDINGLY, APPELLATE ORDER WAS AMENDED TO THE EFF ECT THAT PARA 5 OF THE ORDER, AMOUNT OF ADDITION CONFIRMED S HOULD BE READ AS RS. 1,02,127/- INSTEAD OF RS. 51,999/-. IT IS CLEAR FROM THE ORDER OF CIT(A) AGAINST WHICH THIS APPEAL IS FI LED, THAT THE LD. CIT(A) HAS ALREADY RECTIFIED AN APPARENT MISTAK E IN HIS ORDER. ACCORDINGLY, THE GROUNDS RAISED IN THE APPEA L ON MERIT OF THE ADDITION, ARE MIS-CONCEIVED. AS THE CIT(A) HAS ALREADY ALLOWED ASSESSEES APPEAL RECTIFYING THE MISTAKE PO INTED OUT IN -: 3: - 3 HIS ORDER, THE PRESENT APPEAL IS MIS-CONCEIVED, THE REFORE, DISMISSED. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMIS SED. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 1 ST AUGUST, 2012. SD/ - SD/ - (JOGINDER SINGH) (R. C. SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 1 ST AUGUST, 2012. CPU* 307.1.8