ITO, Ward-2, Rourkela, Rourkela V. Umesh Kumar Mittal, Rourkela

MA 19/CTK/2014

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5848 (ITAT-CUTTACK)
• Duration Of Justice: 3 year(s) 1 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-10-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 05-09-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K PRADHAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE SHRI N.S.SAINI, AM & SHRI PAV AN KUMAR GADALE, JM MISCELLANEOUS APPLICATION NO. 19 / CTK /20 1 4 (ARISING OUT OF ITA NO .3 24 /CTK/201 4 ) ( [ [ / ASSES SMENT YEAR S : 20 0 9 - 20 10 ) ITO, WARD - 2, ROURKELA VS. UMESH KUMAR MITTAL, C/O - AANTRI ROAD MOVERS, BISRA SAHAR ROAD, GC - 50, CRMS COMPLEX, ROURKELA - 769012 ./ ./ PAN/GIR NO. : A BHPM 2108 F ( / APPELLANT ) .. ( / RESPONDEN T ) /REVENUE BY : SHRI D.K.PRADHAN, DR [ /AS SESSEE BY : NONE / DATE OF HEARING : 13 / 10 /201 7 / DATE OF PRONOUNCEMENT 13 / 10 /201 7 / O R D E R PER SHRI PAV AN KUMAR GADALE, J M : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE REVENUE FOR RECTIFICATION OF THE ORDER DATED 23.04.2014, PASSED BY THE TRIBUNAL IN ITA NO.324/CTK/2013. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. HENCE, WE PROCEED TO DISPOSE OF THE MISCELLANEOUS A PPLICATION AFTER CONSIDERING THE SUBMISSION OF LD. DR. 3. LD. DR BEFORE US SUBMITTED THAT IN THE ORDER DATED 23.04.2017 THE TRIBUNAL HAS DIRECTED THE AO TO ESTIMATE THE GROSS PROFIT @5%, INSTEAD OF DIRECTION TO ESTIMATE NET PROFIT @5% AND PRAYED FOR RECTIF ICATION OF THE SAME. MA NO. 1 9 /2017 2 4. FROM THE CONTENTS OF MISCELLANEOUS APPLICATION FILED BY THE REVENUE , WE FOUND THAT IN THE ORDER DATED 23.04.2017 THE TRIBUNAL HAS DIRECTED THE AO TO ESTIMATE THE GROSS PROFIT @5%, INSTEAD OF DIRECTION TO ESTIMATE NET PROFIT @5% , WHI CH IS A MISTAKE APPARENT ON THE FACE OF RECORD. ACCORDINGLY, WE ALLOW THE MISCELLANEOUS APPLICATION OF REVENUE AND RECTIFY THAT WHERE IN THE PARA 5 OF THE ORDER THE WORD GROSS PROFIT @5% IS MENTIONED , IT BE READ AS NET PROFIT @5% . 5 . IN THE RE SULT, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. O RDER PRONOU NCED IN THE OPEN COURT ON 13 / 10 / 201 7 . SD/ - ( N. S. SAINI ) SD/ - ( PA V AN KUMAR GADALE ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER C UTTACK ; DATED 13 / 10 /201 7 . . / PKM , SENIOR PRIVATE SECRETARY / COPY OF THE ORDER FORWARDED TO : / BY ORDER, ( SENIOR PRIVATE SECRETARY ) , / ITAT, CUTTACK 1. / THE APPELLANT - 2. / THE RESPONDENT - 3. ( ) / THE CIT(A), 4. / CIT 5. , , / DR, ITAT, CUTTACK 6. [ / GUARD FILE. //TRUE COPY//