ACIT, Chandigarh V. Sh. Gurinder Pal Singh, Chandigarh

MA 3/CHANDI/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8930 (ITAT-CHANDIGARH)
• Duration Of Justice: 9 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-09-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 07-09-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 23-12-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ATUL MANDHAR
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH B, CHANDIGARH BEFORE MS. SUSHMA CHOWLA, JUDICIAL MEMBER AND SHRI MEHAR SINGH, ACCOUNTANT MEMBER M.A. NO.3 /CHD/2012 (IN ITA NO.279/CHD/2011) (ASSESSMENT YEAR: 2007-08) THE A.C.I.T., VS. SHRI GURINDER PAL SINGH, CIRCLE 5 (1), HOUSE NO.66, SECTOR 27-A, CHANDIGARH. CHANDIGARH. PAN NO. ACNPS7888M (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI AKHILESH GUPTA, DR RESPONDENT BY : SHRI ATUL MANDHAR DATE OF HEARING : 07.09.2012 DATE OF PRONOUNCEMENT : 26.09.2012 O R D E R PER SUSHMA CHOWLA, JM THE REVENUE-APPLICANT HAS FILED THIS MISCELLANEOUS APPLICATION FOR RECALLING THE ORDER DATED 28.4.2011 IN ITA NO. 279/ CHD/2011 RELATING TO THE ASSESSMENT YEAR 2007-08 WHICH WAS DISMISSED BY THE TRIBUNAL. THE MISCELLANEOUS APPLICATION MOVED BY THE REVENUE READ S AS UNDER: IN PARA 6 THE HON'BLE ITAT CHD BENCH '.B.' HAS MENT IONED THE LD CIT(A) HAS APPLIED NET PROFIT RATE OF 8 % FOLLOWING THE ORDER OF THIS TRIBUNAL IN THE ASSESSEE'S OWN CASE FOR THE A. Y. 2005-06. SINCE THE ISSUE UNDER APPEAL IS COVERED BY THE ORDE R OF THIS TRIBUNAL IN THE ASSESSEE'S OWN CASE, IN ITA NO. 818 /CHD/2009 AND 819/CHD/2009 BY A COMMON ORDER DATED 18/08/2011 , FOR THE A.Y. 2005-06 AND 2006-07, WE SEE NO REASON TO INTER FERE WITH THE ORDER PASSED BY THE CIT(A). THE ORDER PASSED BY THE CIT(A) IS THEREFORE CONFIRMED.. WHEREAS THE CIT(A) DIRECTED T HE A.O. TO APPLY NET PROFIT RATE OF 8 % AS AGAINST 12 % APPLIE D BY THE A.O. FOLLOWING THE ORDER OF THIS TRIBUNAL IN ASSESSEE OW N CASE FOR THE A.Y. 2005-06 AND 2006-07 . IT IS PERTINENT TO MENTI ONED THAT THE HON'BLE ITAT HAS UPHELD THE ORDER OF THE A.O. IN AP PLYING NET PROFIT RATE OF 7% TO THE RECEIPTS LESS COST OF MATE RIAL SUPPLIED BY THE GOVT. AND BITUMEN PURCHASED FROM GOVT. AGENCIES (PARA 10 OF THE ORDER) IN. ITA NO. 818/CHD/2009 DATED 18/08/ 2010. 2 IN VIEW OF THE ABOVE MENTIONED FACTS, THE ORDER OF THE HON,BLE ITAT IS CONTRADICTORY IN SO FAR AS THE APPLICATION OF NET PROFIT RATE IS CONCERNED. IT IS PERTINENT TO MENTIONED HERE THAT THE LD. CIT (A) HAS PASSED ORDER BY APPLYING NET PROFIT RATE @8% AND REVENUE H AD FILED APPEAL AGAINST 8 %. LATER ON THE LD. CIT(AX U CHD R ECTIFIED HIS ORDER U/S 154 /250(6) OF THE INCOME TAX ACT AGAINST THE APPELLATE ORDER DATED 20/09/2010 IN APPEAL NO. 410/P/09-10 VI DE ORDER DATED 31/03/2011 WITH THE FINDING THAT IN LINE WITH THE D ECISION OF THE HON,BLE ITAT, THE A.O. IS DIRECTED TO RECOMPUTE INC OME BY APPLYING NET PROFIT RATE OF 7 % INSTEAD OF 12 % TO CONTRACT RECEIPTS AS HELD IN ITA NO. 818/CHD/2009 DATED 18/08/2010 IT IS, THEREFORE HUMBLY REQUESTED THAT MISCELLANEOU S APPLICATION MAY KINDLY BE ADMITTED FOR THE ABOVE MENTIONED RECT IFICATION. 2. WE FIND NO MERIT IN THE MISCELLANEOUS APPLICATIO N MOVED BY THE REVENUE-APPLICANT WHEREIN THE TRIBUNAL VIDE PARA 6. 1 UPHELD THE ORDER OF THE CIT (APPEALS) IN APPLYING NET PROFIT RATE OF 8%. THE SUBSEQUENT ORDER PASSED BY THE CIT (APPEALS) WAS NOT BROUGHT T O THE NOTICE OF THE TRIBUNAL. THUS WE DISMISS THE PRESENT MISCELLANEOU S APPLICATION MOVED BY THE REVENUE-APPLICANT. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 26 TH DAY OF SEPTEMBER, 2012. SD/- SD/- (MEHAR SINGH) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 26 TH SEPTEMBER, 2012 *RATI* COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT(A)/TH E CIT/THE DR. ASSISTANT REGISTRAR, ITAT, CHANDIGARH