M/s. Swastik Enterprise, JAMNAGAR V. The Income Tax Officer, Ward-3(2), JAMNAGAR

MA 2/RJT/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0379 (ITAT-RAJKOT)
• Duration Of Justice: 4 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-05-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 29-05-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 29-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K C MATHEWS DR S T
• Assessee Lawyers: C HETAN AGARWAL CA S

Judgement Text

T D , H IN THE INCOME TAX APPELLATE TRIBULAL; RAJKOT BENCH, RAJKOT. . . HR - . . - - BEFORE SHRI T. K. SHARMA JM AND SHRI D. K. SRIVASTAVA AM M A NO. 0 2 /RJT/2013 (ARISING OUT OF ORDER OF ITA NO. 414 /RJT/200 9 ) I I / ASSESSMENT YEAR 200 6 - 07 M/S. SWASTIK ENTERPRISE, TIRUPATI SOCIETY, STATION ROAD, KHAMBHALIA, JAMNAGAR. PAN : AB BFS1582P ( / APPELLANT) INCOME - TAX OFFIC ER, WARD 3 (2), JAMNAGAR . 2 / RESPONDENT IES / ASSESSEE BY SHRI CHETAN AGARWAL, CA. 6 S / REVENUE BY SHRI K. C. MATHEWS, DR. S T / DATE OF HEARING 29 - 05 - 2013 S T / DATE OF PRONOUNCEMENT 30 - 0 5 - 2013 / ORDER . . , HR - / T. K. SHARMA, J. M. : THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSESSEE POINTING OUT THAT IN ITA NO. 414 /RJT/200 9 DATED 19 - 03 - 2010 FOR THE ASSESSMENT YEAR 2006 - 07 , THE TRIBUNAL ON PAGE - 6 OF ORDER ( LAST LINE OF PARA - 7), WHILE DISPOSING OFF THE GROUND RELATING TO ESTIMATION OF PROFIT @ 8% HAS DECIDED THAT WE RESTORE THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR FRESH CONSIDERATION AND ALLOWED THE APPEAL OF ASSESSEE. HOWEVER, IN THE NEXT PARA - 8 ON PAGE - 6, TRIBUNAL HAS OBSERVED THAT IN RESULT, THE GROUND IN RESPECT OF CONFIRMING ESTIMATION OF 8% NET PROFIT ON GROSS RECEIPT IS DISMISSED. ON THE BASIS OF ABOVE, IT IS SUBMITTED THAT THERE IS A CONTRADICTION THEREFORE, TRIBUNAL MAY PASS APPROPRIA TE CORRIGENDUM/RECTIFICATION. 2. AT THE TIME OF HEARING, LD. DR FAIRLY ADMITTED THAT THERE IS A CONTRADICTION AND THE T RIBUNAL MAY RECTIFY THE MISTAKE IN ITS ORDER. 3. AFTER HEARING BOTH THE SIDES, WE FOUND THAT THERE IS AN OBVIOUS MISTAKE AS IN PARA - 7 , THE TRIBUNAL HAS RESTORED THE MATTER TO THE FILE OF AO FOR FRESH CONSIDERATION. HOWEVER, PARA - 8 ON PAGE - 6 OF THE ORDER READS AS UNDER: - 8. IN THE RESULT, THE GROUND IN RESPECT OF CONFIRMING ESTIMATION OF 8% NET PROFIT ON GROSS RECEIPT IS DISMISSED. M. A 0 2 - 201 3 2 4. THE PARA - 8 ADMITTEDLY CONTRARY TO THE DIRECTION OF THE TRIBUNAL CONTAINED IN PARA - 7. WE THEREFORE, IN ORDER TO REMOVE THE CONTRADICTION, SUBSTITUTE PARA - 8 WITH THE FOLLOWING: - 8. IN THE RESULT, FOR STATISTICAL PURPOSES, THE GROUND NO.3 IS TREATED A S ALLOWED. 5 . IN THE RESULT, FOR STATISTICAL PURPOSES, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS TREATED AS ALLOWED TO THE EXTENT INDICATED ABOVE. 6 . THIS ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONED HEREINABOVE. SD/ - SD/ - ( . . 6 D. K. SRIVASTAVA ) ( T . . I / T. K. SHARMA) / ACCOUNTANT MEMBER H 6 / JUDICIAL MEMBER / ORDER DATE 30 - 0 5 - 2013. /RAJKOT NVA/ - 0 RJO O / COPY OF ORDER FORWARDED TO: - 1 . / APPELLANT - . M/S. SWASTIK ENTERPRISE,TIRUPATI SOCIETY, STATION ROAD, KHAMBHALIA, JAMNAGAR 2 . 2 / RESPONDENT - . INCOME - TAX OFFICER, WARD 3 (2), JAMNAGAR. 3 . D / C ONCERNED CIT , JAMNAGAR. . 4 . - / CIT (A) , JAMNAGAR. 5 . 1 D , T D , / DR, ITAT, RAJKOT 6 . I / GUARD FILE. / BY ORDER , TRUE COPY. A S STT. REGISTRAR T D , INCOME TAX APPELLATE TRIBUNAL, RAJKOT.