Dinakar Sai Constructions, , Visakhapatnam V. The Assistant Commissioner of Income Tax, Central Circle-1, Visakhapatnam

MA 10/VIZ/2020

AI Insights

The case involves M/s Dinakar Sai Constructions appealing against an order passed by the ITAT in I.T.A.No.606/Viz/2019, which pertained to the profit estimation for the Assessment Year 2013-14. Initially, the Assessing Officer estimated the profit at 21%, which was reduced to 16% by the CIT(A). However, the Tribunal's documentation mistakenly attributed this reduction to the AO instead of the CIT(A). The assessee filed a miscellaneous application to correct this error, which was acknowledged and rectified by the Tribunal. The Tribunal also addressed another ground raised by the assessee, which had become infructuous as the CIT(A) had already deleted the addition made by the AO before the Tribunal's hearing.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 135855 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-11-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 17-11-2022
• Assessment Year: misc
• Appeal Filed On: 13-11-2022
• Laws Referred To: Section 44AD
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

आयकरअपीलीयअधिकरण, धिशाखापटणम पीठ, धिशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM श्री द ु व्वूरु आर एल रेड्डी, न्याधयक सदस्य एिं श्री एस बालाकृ ष्णन, लेखा सदस्य के समक्ष BEFORE SHRI DUVVURU RL REDDY, HON’BLE JUDICIAL MEMBER & SHRI S BALAKRISHNAN, HON’BLE ACCOUNTANT MEMBER M.A.No.10/Viz/2020 (Arising out of I.T.A.No.606/Viz/2019) (ननधधारण वर्ा / Assessment Year : 2013-14) M/s Dinakar Sai Constructions D.No.45-49-15/3 Sai Teja Residency Abid Nagar, Akkayyapalem Visakhapatnam [PAN : AAGFD 1213L) Vs. Asst. Commissioner of Income Tax Central Circle-1 Visakhapatnam (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant by : Shri G.V.N.Hari, AR प्रत्यधथी की ओर से / Respondent by : Shri ON Hari Prasada Rao, DR सुनवधई की तधरीख / Date of Hearing : 18 .11.2022 घोर्णध की तधरीख/Date of Pronouncement : 18.11.2022 आदेश /O R D E R Per Shri Duvvuru RL Reddy, Judicial Member : This miscellaneous application is filed by the assessee against the order passed by ITAT in I.T.A.No.606/Viz/2019 dated 11.12.2019 for the Assessment Year (A.Y.) 2013-14. 2. The appeal in ITA No.606/Viz/2019 dated 11.12.2019 was disposed off by Tribunal. The coordinate bench of the Tribunal in it’s order at para 21 stated that the Assessing Officer estimated the profit at 2 M.A. No.10/Viz/2020, A.Y.2013-14 M/s Dinakar Sai Constructions, Visakhapatnam 21% which is scaled down to 16% by the Ld.CIT(A). The Tribunal has partly allowed the appeal of the assessee on the ground that it was covered by section 44AD, therefore, directed the Assessing Officer (AO) to estimate the profit @8%. The contention of the assessee is that due to inadvertence, it was mentioned that the profit estimated by the AO was reduced by ld.CIT(A), however, the AO made the addition of entire amount of Rs.25,28,000/- and it was only the Ld.CIT(A) who has estimated the profit @16%. On perusal of the same, we find it is an inadvertent mistake and we are inclined to modify the same. 3. As far as ground No.4 is concerned , the Ld.AR submitted that the ground raised by the assessee became infructuous, as the Ld.CIT(A) deleted the addition made by the AO, by the time the appeal came up before Tribunal for hearing. The Ld.AR prayed for suitable modifications in the order passed by the ITAT for which the Ld.DR has not raised any objection. After considering the facts and circumstances of the case, we find, that it is a fit case to be recalled and accordingly, the appeal is posted for hearing on 01.12.2022. Since the date is announced in the open court, no separate notice is required to be issued. The assessee is also directed to attend the hearing without fail. 3 M.A. No.10/Viz/2020, A.Y.2013-14 M/s Dinakar Sai Constructions, Visakhapatnam 4. In the result, miscellaneous application of the assessee is allowed. Order pronounced in the open court on 18 th November, 2022. Sd/- Sd/- (एस बालाकृ ष्णन) (द ु व्वूरु आर.एल रेड्डी) (S.BALAKRISHNAN) (DUVVURU RL REDDY) लेखा सदस्य/ACCOUNTANT MEMBER न्याधयकसदस्य/JUDICIAL MEMBER Dated : 18.11.2022 L.Rama, SPS आदेश की प्रतितिति अग्रेतिि/Copy of the order forwarded to:- 1. ननधधाऩरती/ The Assessee– M/s Dinakar Sai Constructions, D.No.45-49- 15/3, Sai Teja Residency, Abid Nagar, Akkayyapalem, Visakhapatnam 2. रधजस्व/The Revenue – Asst. Commissioner of Income Tax, Central Circle-1, Visakhapatnam 3. आयकर आयुक्त (अपील)/ The Pr.CIT(Central), Visakhapatnam 4. The Commissioner of Income Tax(Appeals)-3, Visakhapatnam 5. नवभधगीय प्रनतनननध, आयकर अपीलीय अनधकरण, नवशधखधपटणम / DR,ITAT, Visakhapatnam 6.7.गधर्ा फ़धईल / Guard file आदेशधनुसधर / BY ORDER Sr. Private Secretary ITAT, Visakhapatnam