The ACIT, Circle-2, Surat V. Smt. Shantagauri P.kapadia, Surat

MA 178/AHD/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5084 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-11-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 26-07-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R K DHANISTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH AHMEDABAD (BEFORE SHRI BHAVNESH SAINI, JM AND A. N. PAHUJA, A M) M. A. NO.178/AHD/2010 (IN ITA NO.702/AHD/2005 A. Y. 2003-04) THE A. C. I. T., CIRCLE-2, AAYAKAR BHAVAN, MAJURA GATE, SURAT. VS SM. SHANTAGAURI P. KAPADIA, PROP. OF S. P. K. TRADERS, PLOT NO.49, S. NO.1542 O/S. KAMLA DARWAJA, UMERWADA, SURAT PA NO.ADWPK 8343 D (APPLICANT) (RESPONDENT) APPLICANT BY SHRI R. K. DHANISTA, SR. DR RESPONDENT BY NONE (WRITTEN SUBMISSION) O R D E R PER BHAVNESH SAINI, JM: THE LEARNED DR POINTED OUT THAT THE ADDITION TO GROSS PROFIT WAS MADE IN A SUM OF RS.6, 41,600/- WHICH WAS THE SUBJECT MATER IN APPEAL BEFORE THE LEARNED CIT( A) AS WELL AS BEFORE THE TRIBUNAL. HOWEVER, WHILE PASSING THE ORDER BY T HE TRIBUNAL, IN PARA 3, THE TRIBUNAL WHILE ALLOWING THE APPEAL OF THE AS SESSEE DIRECTED TO REDUCE THE ADDITION TO 50% BUT WRONGLY MENTIONED TH E AMOUNT AS RS.12,68,018/- INSTEAD OF 50% OF RS.6,41,600/- BEIN G RS.3,20,800/-. THE ASSESSEES COUNSEL SHRI R. N. VEPARI IN HIS REP LY HAS ALSO ADMITTED THE FACT. ACCORDINGLY, THE MISTAKE APPARENT IN PARA 3 OF THE ORDER IS RECTIFIED AND IT IS DIRECTED TO BE READ THE ADDITIO N OF 50% OF RS.6,41,600/- IN A SUM OF RS.3,20,800/- INSTEAD OF RS.12,69,018/- IN PARA 3 OF THE ORDER OF THE TRIBUNAL. MA NO.178/AHD/2010 (IN ITA NO.702/AHD/2007) ACIT CIR-2, SURAT VS SHANTAGAURI P. KAPADIA 2 2 IN THE RESULT, THE MISC. APPLICATIONS OF THE REVE NUE IS ALLOWED ORDER DICTATED AND PRONOUNCED IN THE OPEN COURT ON 12-11-2010 SD/- SD/- (A N. PAHUJA) ACCOUNTANT MEMBER (BHAVNESH SAINI) JUDICIAL MEMBER DATE : 12-11-2010 LAKSHMIKANT/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER D Y. REGISTRAR, ITAT, AHMEDABAD