Smt. Pritam Kaur Kahlon, Ludhiana V. ACIT, Ludhiana

MA 30/CHANDI/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2252 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-08-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 08-08-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 23-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J S NAGAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES A CHANDIGARH BEFORE SHRI T.R. SOOD, ACCOUNTANT MEMBER AND MS. SUSHMA CHOWLA, JUDICIAL MEMBER M.A. NOS. 30 & 31/CHD/2014 (IN ITA NOS.195 & 215/CHD/2010) ASSESSMENT YEAR: 2005-06 SHRI PRITAM KAUR KAHLON, VS. THE ACIT, CIRCLE I, PROP. KAHLON INTERNATIONAL, LUDHIANA LUDHIANA PAN NO. ADDPK7556M (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ASHOK GOYAL RESPONDENT BY : SHRI J.S.NAGAR DATE OF HEARING : 08.08.2014 DATE OF PRONOUNCEMENT : 28/08/2014 ORDER PER T.R.SOOD, A.M. THROUGH THESE MISC. APPLICATION THE ASSESSEE HAS SO UGHT RECTIFICATION OF AN ERROR WHICH HAS CREPT INTO THE ORDER OF TRIBU NAL IN ITA NOS. 195 & 215/CHD/2010 DATED 31.12.2013. 2. THE LD. COUNSEL FOR THE ASSESSEE REFERRED TO THE MISC. APPLICATION AND SUBMITTED THAT ASSESSEE HAD CHALLENGED THE ADDITION AMOUNTING TO RS. 19,89,240/- ON ACCOUNT OF INVISIBLE LOSS AND RS. 12 ,05,600/- ON ACCOUNT OF EXCESS CONSUMPTION. 3. THE DEPARTMENT, ON THE OTHER HAND, CHALLENGED TH E DELETION OF ADDITION AMOUNTING TO RS. 2,79,398/- AND RS. 9,09,421/- ON A CCOUNT OF LATE DEPOSIT OF TDS. WHILE ADJUDICATING ASSESSEES GROUND IN PARA 16, THE TRIBUNAL ULTIMATELY DIRECTED THE ASSESSING OFFICER TO MAKE A DDITION OF RS. 10 LAKHS AND REFERRED TO THE ADDITION MADE BY THE REVENUE BU T ONE OF THE FIGURE HAS BEEN WRONGLY MENTIONED AT RS. 9,09,421/- INSTEAD OF CORRECT FIGURE OF RS. 12,05,600/-. THEREFORE, THIS ERROR MAY BE RECTIFIED . 4. ON THE OTHER HAND, THE LD. DR FAIRLY ADMITTED TH AT FIGURE HAS BEEN WRONGLY MENTIONED. 5. AFTER CONSIDERING THE RIVAL SUBMISSIONS WE FIND THAT IN PARA 13 OF THE ORDER OF THE TRIBUNAL FROM WHERE THIS ISSUE WAS ADJ UDICATED AS UNDER:- 13. AFTER CONSIDERING THE RIVAL SUBMISSIONS, REMAN D REPORT AND REJOINDER, THE LD. CIT(A) DELETED THE AD DITION OF RS. 2,79,398/- AND CONFIRMED ADDITION OF RS. 19, 89,240/- AND RS. 12,05,600/-. 6. HOWEVER, THE LAST SIX LINES OF THE ORDER OF THE TRIBUNAL IN ITA NO.. 195/CHD/2010 ORDER DATED 31.12.103 RELATING TO ASSE SSMENT YEAR 2005-06 OF THE ORDER READS AS UNDER;- 16THEREFORE, WE SET ASIDE THE ORDER OF LD. CIT(A) AND DIRECT THE ASSESSING OFFICER TO MAKE TOT AL ADDITION OF RS. 10 LAKHS ON ACCOUNT OF WASTAGE AND INVISIBLE LOSS ETC. INSTEAD OF THREE ADDITIONS OF R S. 9,09,421/-, 2,79,398/- AND 19,89,240/-. THIS POSIT ION WAS ACCEPTED BY THE LD. COUNSEL OF THE ASSESSEE AS WELL AS THE SON OF THE ASSESSEE. 7. THUS, FROM THE ABOVE IT BECOMES CLEAR THAT ISSUE BEFORE TRIBUNAL WAS ADDITION OF RS. 19,89,240/- AND RS. 12,05,600/- CON FIRMED BY CIT(A) ON ACCOUNT OF WASTAGES BUT THIS FIGURE HAS BEEN WRONGL Y MENTIONED IN PARA 16 AT RS. 9,09,421/- AGAINST THE ACTUAL AMOUNT I.E. RS. 1 2,05,600/-, THEREFORE, WE RECTIFY THIS ERROR. THE LAST SIX LINES OF THE ORDER OF TRIBUNAL IN PAR 16 SHOULD BE SUBSTITUTED AS UNDER:- 16. ..THEREFORE, WE SET ASIDE THE ORDER OF LD. CIT(A) AND DIRECT THE ASSESSING OFFICER TO MAKE TOT AL ADDITION OF RS. 10 LAKHS ON ACCOUNT OF WASTAGE AND INVISIBLE LOSS ETC. INSTEAD OF THREE ADDITIONS OF R S. 12,05,600/-, 2,79,398/- AND 19,89,240/-. THIS POSI TION WAS ACCEPTED BY THE LD. COUNSEL OF THE ASSESSEE AS WELL AS THE SON OF THE ASSESSEE. 8. THE OTHER PART OF THE ORDER WILL REMAIN THE SAME . 9. IN THE RESULT, MISC. APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 28/08/2014 SD/- SD/- (SUSHMA CHOWLA) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMER DATED : 28 TH AUGUST, 2014 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR