M/s. Uma Vir Infrastructure, Ahmedabad V. The ACIT.,Cent.Circle-1(1), Ahmedabad

MA 14/AHD/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9277 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 6 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 08-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K DEV
• Assessee Lawyers: D K PARIKH

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER M.A. NO.14/AHD/2018 (IN ./ IN ITA NO.1377/AHD/2013) ( / ASSESSMENT YEAR : 2010-11) UMA VIR INFRASTRUCTURE 23, UMA BUNGLOWS BEHIND NIRMAN TOWER GHATLODIYA, AHMEDABAD / VS. THE ASST.CIT CENTRAL CIRCLE-1(1) AHMEDABAD ./ ./ PAN/GIR NO. : AANFM 0042 M ( / APPLICANT ) .. ( / RESPONDENT ) / APPLICANT BY : SHRI D.K. PARIKH, AR / RESPONDENT BY : SHRI S.K. DEV, SR.DR / DATE OF HEARING 05/07/2019 !'# / DATE OF PRONOUNCEMENT 08/07/2019 / O R D E R PER SHRI RAJPAL YADAV, JUDICIAL MEMBER : THE PRESENT MISCELLANEOUS APPLICATION IS DIRECTED A T THE INSTANCE OF THE ASSESSEE POINTING OUT AN APPARENT ERROR IN THE ORDER OF ITAT PASSED IN ITA NO.1377/AHD/2013 FOR AY 2010-11 ON 01/08/201 7. 2. IT IS PLEADED IN THE APPLICATION THAT ASSESSEE H AS RAISED THREE GROUNDS OF APPEAL OUT OF WHICH, IN GROUND NO.1, ASS ESSEE HAS PLEADED MA NO.14/AHD/2018 (IN ITA NO.1377 /AHD/2013) M/S. UMA VIR INFRASTRUCTURE VS. ACIT ASST.YEAR 2010-11 - 2 - THAT LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN DIR ECTING TO TREAT 30% OF THE UNACCOUNTED RECEIPTS AS INCOME OF THE ASSESSEE AS AGAINST THE PROFIT OFFERED BY THE ASSESSEE AT 20%. 3. IN GROUND NO.2, THE ASSESSEE HAS PLEADED AS UNDE R: 2. THE LD. COMMISSIONER OF INCOME TAX (APPEALS) H AS ERRED IN LAW AND ON FACT IN CONFIRMING THE ADDITIONAL RELATE D TO THE FLATS WHICH WERE NOT SOLD DURING THE ACCOUNTING YEAR AS U NRECOGNIZED INCOME OF THE YEAR. IT IS THEREFORE PRAYED THAT TH E ADDITION MAY KINDLY BE DELETED. 4. THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT A S FAR AS GROUND NO.1 IS CONCERNED, TRIBUNAL HAS ACCEPTED THE CONTEN TION OF THE ASSESSEE AND HELD THAT PROFIT RATIO BE ADOPTED AT 20%. HOWE VER, AS FAR AS GROUND NO.2 IS CONCERNED, TRIBUNAL HAS NOT RECORDED ANY FI NDING. HE POINTED OUT THAT UNDER GROUND NO.2, THE CASE OF THE ASSESSE E IS THAT SOME OF THE FLATS WERE SOLD IN AY 2011-12 AND ASSESSEE HAS DISC LOSED THE PROFIT. IN CASE, ALL THESE SALES ARE TO BE ACCEPTED ONLY IN AY 2010-11, THEN CREDIT OF TAX PAID IN AY 2011-12 BE GIVEN IN AY 2010-11 BECAU SE SALE HAS BEEN RECOGNIZED IN AY 2010-11. THIS GROUND HAS NOT BEEN ADJUDICATED BY THE TRIBUNAL. 5. THE LD.DR WAS UNABLE TO CONTROVERT THIS CONTENTI ON OF THE LD.COUNSEL FOR THE ASSESSEE. MA NO.14/AHD/2018 (IN ITA NO.1377 /AHD/2013) M/S. UMA VIR INFRASTRUCTURE VS. ACIT ASST.YEAR 2010-11 - 3 - 6. ON DUE CONSIDERATION OF THE ABOVE FACTS AND CIRC UMSTANCES, WE ARE SATISFIED THAT AN APPARENT ERROR HAS CREPT IN THE O RDER OF TRIBUNAL WHEREBY ALTERNATIVE CONTENTION PLEADED IN GROUND NO.2 HAS N OT BEEN CONSIDERED. THEREFORE, WE RECALL THE ORDER OF THE TRIBUNAL TO A LIMITED EXTEND AND RESTORE THE APPEAL TO ITS ORIGINAL NUMBER FOR ADJUD ICATING GROUND NO.2 ONLY. 7. IN VIEW OF ABOVE, MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 8 TH JULY-2019 AT AHMEDABAD. SD/- SD/- ( PRADIP KUMAR KEDIA) ( RAJPAL YADAV ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 08/ 07 /2019 &.., .(../ T.C. NAIR, SR. PS !'#$%$' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPLICANT 2. / THE RESPONDENT. 3. )*+ , / CONCERNED CIT 4. , ( ) / THE CIT(A)-I, AHMEDABAD 5. /01 ((*+ , *+# , ) / DR, ITAT, AHMEDABAD 6. 145 6 / GUARD FILE. / BY ORDER, / ( //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD