Shri Rupesh Agarwal (Singhal), Bhopal V. The ACIT 2(1), Bhopal

MA 124/IND/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5575 (ITAT-INDORE)
• Duration Of Justice: 4 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-04-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 28-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MOHD JAVED
• Assessee Lawyers: GIRISH AGRAWAL
• Section: 68

Judgement Text

SHRI RUPESH AGARWAL /M.A.NO.124/IND/2016/ ARISING O UT OF I. T. A. NO. 215/IND/2015/A.Y.:07-08 PAGE 1 OF 2 , , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE , # .., ( BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER SHRI RUPESH AGARWAL BHOPAL V. ACIT-2(1) BHOPAL ) / APPELLANT +,) / RESPONDENT . . ./ PAN: AOOPS 6420 E ) - / APPELLANT BY SHRI GIRISH AGRAWAL, CA +,) - / RESPONDENT BY SHRI MOHD. JAVED, SR. D.R. - / DATE OF HEARING 31-03-2017 2 - / DATE OF PRONOUNCEMENT 17-04-2017 / O R D E R PER O.P. MEENA, ACCOUTANT MEMBER. 1. THROUGH THIS MISC. APPLICATION, THE ASSESSEE IS SEE KING RECALL OF THE ORDER OF TRIBUNAL IN I.T.A. NO. 215/IND/2015 DA TED 18-05-2016 AS GROUND NO. 1 THEREOF HAS NOT BEEN DECIDE BY THE TRIBUNAL ON MERITS, WHEREAS ADDITIONAL GROUND OF APPEAL WAS ADMITTED A ND SET-ASIDE TO THE FILE OF THE AO TO DECIDE THE MATTER AS AFRESH B UT GROUND NO.1 M.A. NO. 124/IND/2016 ARISING OUT OF .../ I.T.A. NO.215/IND/2015 / ASSESSMENT YEAR: 2007-08 SHRI RUPESH AGARWAL /M.A.NO.124/IND/2016/ ARISING O UT OF I. T. A. NO. 215/IND/2015/A.Y.:07-08 PAGE 2 OF 2 RELATING TO SUSTAINING ADDITION OF RS. 9,67,000/- U NDER SECTION 68 OF THE ACT WAS REMAINED TO BE ADJUDICATED UPON. 2. WE HAVE HEARD THE MATTER AND FIND THAT THE LEGAL GR OUND TAKEN WITH REGARD TO SERVICE OF NOTICE UNDER SECTION 143( 2) WAS SET-ASIDE TO THE AO FOR DECIDING AFRESH WHEREAS NO DIRECTION REG ARDING ADDITION OF RS. 9,63,000/- MADE UNDER SECTION 68 WERE ISSUED. WE FIND THAT THERE IS MISTAKE APPARENT FROM RECORDS AS MUCH AS THE GRO UND NO. 1 WAS EVEN THOUGH MENTIONED IN THE BODY OF ORDER, BUT NO DIRECTION WITH REGARD TO SAID ADDITION WERE ISSUED. SINCE THE LEGA L ISSUE REGARDING NOTICE UNDER SECTION 143(2) IS RESTORED TO THE FILE OF THE AO, THEREFORE, WE DEEM IT APPROPRIATE TO SET-ASIDE THE GROUND RELA TING TO ADDITION OF RS. 9,67,000/- UNDER SECTION 68 OF THE ACT TO THE FILE OF THE AO FOR DENOVO CONSIDERATION. 3. IN THE RESULT, MISC. APPLICATION FILED BY THE ASSES SEE STANDS ALLOWED. 4. THE ORDER PRONOUNCED IN THE OPEN COURT ON 17-04-2 017. SD/- SD/- ( .. ) /(C.M. GARG) (..) /(O.P.MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 17-04-2017