ACIT, Bhubaneswar V. M/s Rohit Kumar Das Construction Pvt Ltd, Bhubaneswar

MA 32/CTK/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8621 (ITAT-CUTTACK)
• Duration Of Justice: 8 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-06-2012
• Appeal Filed By: Department
• Bench Allotted: DB
• Next Hearing Date: 22-06-2012
• Assessment Year: 2002-2003
• Appeal Filed On: 10-10-2011
• Court: TRIBUNAL
• Department Lawyers: S C BHADRA
• Assessee Lawyers: PARAMITA TRIPATHY

Judgement Text

IN THE INC O ME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE : SHRI K.K.GUPTA, AM , AND SHRI K.S.S.PRASAD RAO, JM MISC.APPLICATION NO.32/CTK/2011 IN ITA NO. 154/CTK/2011 (ASSESSMENT YEAR 2002 - 03) M/S.ROHIT KUMAR DAS, CONSTRUCTIONPVT.LTD.,B - 3,B.D .A.DUPLEX COLONY, BARAMUNDA,BHUBANESWAR POAN:AABCR 1816 R VERSUS ASST.COMISSIONER OF INCOME - TAX,CIRCLE 2(1), BHUBANESWAR (APPELLANT) (RESPONDENT) FOR THE APPELLANT: SHRI S.C.BHADRA, AR FOR THE RESPONDENT SMT. PARAMITA TRIPATHY, DR DATE OF HEARING : 22.06.2012 DATE OF PRONOUNCEMENT : 29.06.2012 ORDER SHRI K.K.GUPTA, AM : THE DEPARTMENT HAS FILED THIS MISC.APPLICATION SUBMITTING THAT THE DIRECTION OF THE TRIBUNAL IF ADHERED TO , THE COMPUTATION OF INCOME OF THE ASSESSEE WOULD BE LESS THAN THE INCOME RETURNED BY THE ASSESSEE IN THE FIRST PLACE. THEREFORE, THE REVENUE SEEKS DIRECTION ACCORDINGLY, IT BEING A MISTAKE APPARENT ON RECORD INSOFAR AS THE INCOME IS NOT TO BE ASSESSED LESS THAN AS RETURNED BY THE ASSESSEE. 2. AT THE TIME OF HEARING, THE LEARNED AR OF THE ASSESSEE AT THE OUTSET FAIR LY AGREE D THAT THE LAW PROVIDES THAT THE RETURN OF INCOME HAS TO BE ASSESSED AT LEAST AT THE AMOUNT RETURNED BY THE ASSESSEE INSOFAR AS THIS MISC.APPLICATION WAS PART AND PARCEL FOR OTHER ASSESSMENT YEAR S BEING A COMMON ORDER FOR OTHER THREE YEARS . THERE WAS INCREASE IN THE INCOMES FOR THE OTHER TWO YEARS AS PER DIRECTION OF THE TRIBUNAL VIS - - VIS AS RETURNED BY THE ASSESSEE WAS ON THE BASIS OF DEBTORS BEING CONVERTED TO INCOME THE ISSUE BEING DETERMINATION OF IN COME FROM A JOINT VENTURE. HE HAD NO OBJECTION IF THE RETURNED INCOME WAS TO BE CONSIDERED U/S.254 AND NOT BECAUSE THE TRIBUNAL BE ING A FINAL FACT FINDING BODY GAVE A DIRECTION LEADING TO INCOME FOR MISC.APPLICATION NO.32/CTK/2011 IN ITA NO.154/CTK/2011 2 THE ASSESSMENT YEAR 2002 - 03 BEING COMPUTED LESS THAN AS R ETURNED INCOME. THE LAW ON THIS SCORE SUPERSEDES THE DIRECTION OF THE TRIBUNAL INSOFAR AS WITHOUT HAVING UNDERSTOOD THE ISSUE DEALT WITH BY THE TRIBUNAL THE ASSESSING OFFICER HAS ONLY ARITHMETICALLY PASSED THE ORDER U/S.254. 3. AFTER HEARING THE RIVAL SUBM ISSIONS, WE ARE INCLINED TO DIRECT THE AO TO BRING TO TAX THE INCOME AS RETURNED BY THE ASSESSEE FOR THE AY 2002 - 03 WHEN HIS COMPUTATION ON THE ORDER OF THE TRIBUNAL HAS RESULTED IN COMPUTING TOTAL INCOME LESS THAN AS RETURNED. THE ORDER OF THE TRIBUNAL IS ACCORDINGLY MODIFIED TO THIS EXTENT WITHOUT GOING INTO THE COMPLEXITY OF THE ISSUE INVOLVED IN THE THREE AYS. ORDERED ACCORDINGLY. IN THE RESULT, THE MISC.APPLIATION FILED BY THE REVENUE IS ALLOWED. S D/ - S D/ - (K.S.S.PRASAD RAO) JUDICIAL MEMBER (K.K.GUPTA) ACCOUNTANT MEMBER DATE: 29.06.2012 H.K.PADHEE, SENIOR PRIVATE SECRETARY. COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT: M/S.ROHIT KUMAR DAS, CONSTRUCTIONPVT.LTD.,B - 3,B.D.A.DUPLEX COLONY, BARAMUNDA,BHUBANESW AR 2. THE RESPONDENT: ASST.COMISSIONER OF INCOME - TAX,CIRCLE 2(1), BHUBANESWAR 3. THE CIT, 4. THE CIT(A), 5. THE DR, CUTTACK 6. GUARD FILE (IN DUPLICATE) TRUE COPY, BY ORDER, SENIOR PRIVATE SECRETA RY. MISC.APPLICATION NO.32/CTK/2011 IN ITA NO.154/CTK/2011 3 SEAL TO BE AFFIXED ON THE ORDER SHEET BY THE SR. P.S./P.S. AFTER DICTATION IS GIVEN 1. DATE OF DICTATION 25.06.2012.. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 26.06.2012OTHER MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT.... 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S 29.06.2012 . 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . . 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER ................ 9. DATE OF DESPATCH OF THE ORDER ..