Swapnendu Mishra, Purba Medinipur V. JCIT, Range-Haldia, Purba Medinipur

MA 136/KOL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5442 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 12-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

, C , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C KOLKATA BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND DR. A.L. SAINI, ACCOUNTANT MEMBER (MISC. APPLICATION) M.ANO.136/KOL/2019 (ARISING OUT ITA NO.1610/KOL/2016) / ASSESSMENT YEAR:2011-12 SWAPNENDU MISHRA KUMARPUR, CONTAI, PURBA MEDINIPUR-721401 [ PAN NO.AEYPM 6914 B ] / V/S . JCIT, RANGE-HALDIA BASUDEVPUR, KHANJANCHAK, HALDIA, PURBA MEDINIPUR-721604 (ORIGINAL APPELLANT) (ORIGINAL R ESPONDENT) (APPLICANT) .. (RESPONDENT) / BY APPLICANT SHRI, SOUMITRA CHOUDHRY, ADVOCATE !' / BY RESPONDENT SHRI RABIN CHOUDHURY, ADDL. CIT-DR / DATE OF HEARING 28-06-2019 / DATE OF PRONOUNCEMENT 21-08-2019 / ORDER PER S.S.GODARA, JUDICIAL MEMBER:- THIS ASSESSEES MISCELLANEOUS APPLICATION FILED U/S . 254(2) OF THE INCOME TAX APPELLATE TRIBUNAL ACT, 1963, IN SHORT THE ACT SEEK TO MODIFY / RECTIFY OUR ORDER DATED 30.01.2019. HEARD BOTH THE PARTIES. CASE FILE(S) PERUSED. 2. IT TRANSPIRES AT THE OUTSET THAT OUR IMPUGNED OR DER HAS DIRECTED THE ASSESSING AUTHORITY TO GO BY FORM 26AS STATEMENT FO R INCLUDING ASSESSEES INCOME FROM CELLULAR OPERATION AS 29,80,686/- AS AGAINST THE CORRECT SUM OF 29806.86/-. CASE FILES FURTHER SUGGESTS THAT THE AS SESSING OFFICER HAD ADDED GROSS PROFIT OF 10,22,274/- ON UNDISCLOSED PURCHASES OF 89,26,696/- WHICH STOOD ENHANCED TO THE AMOUNT OF UNDISCLOSED PURCHAS ES ITSELF. LEARNED MA NO136/KOL/2019 SWAPNENDU MISHRA. VS. JCIT, RANGE-HALDIA PA GE 2 COUNSEL FAILS TO DISPUTE THAT THE ASSESSEES UNDISC LOSED PURCHASES OF 89,26,696/- COMPRISE OF PROFIT ELEMENT OF 0.5% ONLY IN CELLULAR SERVICES OPERATIONS. AND ALSO THAT OUR MAIN ORDER HAS DIREC TED THE ASSESSING OFFICER TO ADOPT GROSS PROFIT OF 0.5% AS COMMISSION INCOME ON 46,02,570/- THAN GOING BY THE CORRESPONDING FIGURES IN FORM 26AS STATEMENT INDICTING AN AMOUNT OF 29806.86. WE THEREFORE TREAT OUR ORDER DATED 30.01. 2019 TO BE SUFFERING FROM MISTAKES APPARENT ON THE FACE OF RECORD AND DIRECT THE ASSESSING OFFICER TO ADOPT UNDISCLOSED COMMISSION AS PER THE CORRESPONDI NG DETAILS IN FORM 26AS OF 29806.86 IN CELLULAR SERVICES FIGURES AND FURTHER R ESTRICT THE IMPUGNED ADDITION OF 89,26,696/- OF UNDISCLOSED PURCHASES TO THE EXTENT OF THE PROFIT RATE OF 0.5% ONLY. NECESSARY COMPUTATION TO FOLLOW. 3. THIS ASSESSEES MISCELLANEOUS APPLICATION IS ALL OWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 21/08/2019 SD/- SD/- ( () ( () (DR. A.L. SAINI) (S.S. GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) KOLKATA, *DKP *- 21/08 /201 9 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-SWAPNENDU MISHRA, KUMARPUR, CONTAI, PURB A MEDINIPUR-721401 2. !' /RESPONDENT-JCIT RANGE HALDIA, BASUDEVPUR, KHANJANC HAK, HALDIA, PURBA MEDINIPUR -721604 3. 5 6 / CONCERNED CIT 4. 6- / CIT (A) 5. !5, 5, KOLKATA / DR, ITAT, KOLKATA 6. / GUARD FILE. BY ORDER/ , /TRUE COPY/ 5,