SMT. TRAPTI AGRAWAL, Indore V. The ACIT 5(1), Indore

MA 49/IND/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5781 (ITAT-INDORE)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-08-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 07-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R P MOURYA
• Assessee Lawyers: GIRISH AGRAWAL

Judgement Text

M.ANO.49/IND/2017/ IN I.T.A. NO.458/IND/2014/AY-08- 09 PAGE 1 OF 2 , , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE , ! ' #.. , %& % ' BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER SMT. TRAPTI AGARWAL, D/O. SHRI RAMESHCHANDRA GOYAL, 104, JANKI NAGAR EXTENSION PAN:ABTPG6999C VS. ACIT, INDORE, APPELLANT RESPONDENT APPELLANT BY SHRI GIRISH AGRAWAL, CA RESPONDENT BY SHRI R.P. MOURYA, DR / // / DATE OF HEARING 11-08-2017 / // / DATE OF PRONOUNCEMENT 11-8-2017 / / / / O R D E R PER O.P. MEENA, ACCOUTANT MEMEBR. THROUGH THIS MISC. APPLICATION, THE ASSESSEE IS SEE KING RECALL OF THE ORDER OF TRIBUNAL IN I.T.A. NO.458/IND/2014 FOR THE ASSESSMENT YEAR 2008-09 DATED 20.10.2016 2. THE LD. COUNSEL FOR THE ASSESSEE HAS BROUGHT TO OU R NOTICE THAT WHILE DECIDING IMPUGNED APPEAL GROUNDS NOS. 4, 5, 6, & 7 WERE REMAINS TO BE DISPOSED OF BY THE IMPUGNED ORDE R OF THE M. A. NO. 49/IND/2017 ARISING OUT OF .../ I.T.A. NO.458/IND/2014 )* / ASSESSMENT YEAR:2008-09 M.ANO.49/IND/2017/ IN I.T.A. NO.458/IND/2014/AY-08- 09 PAGE 2 OF 2 HON'BLE BENCH. GROUND NO.4 RELATES TO SALE OF AGRIC ULTURE LAND, GROUND NO.5 RELATES TO DISALLOWANCE OF SALARY TO ST AFF OF RS.1,38,000/-, GROUND NO.6 RELATES TO ADDITION OF R S.70,000/- ON ACCOUNT OF HOUSE HOLD EXPENSES AND GROUND NO.7 RELA TES TO SALES OF SHARE OF RS.6,68,631/- WERE REMAINED TO BE DECID ED IN THE SAID IMPUGNED ORDER. 3. WE HAVE HEARD THE PARTIES AND FIND THAT THE TRIBUN AL HAS ONLY DECIDED GROUND NOS.1 & 2 IN THE APPEAL AND GROUND N OS. 4 TO 7 WERE REMAINED TO BE ADJUDICATED. SINCE THE SAME IS BEING MISTAKEN APPARENT FROM THE RECORD. WE ARE THEREFORE RECALLING THE SAID ORDER OF THE TRIBUNAL FOR LIMITED PURPOSE TO A DJUDICATE UPON IN RESPECT OF GROUND NOS. 4 TO 7 OF THE IMPUGNED AP PEAL. ACCORDINGLY, THE MA IS RECALLED FOR THE LIMITED PUR POSE. 4. IN THE RESULT, MISC. APPLICATION FILED BY THE ASSE SSEE IS CALLED. 5 . THE ORDER PRONOUNCED IN THE OPEN COURT ON 11.08.2 017. SD/- SD/- ( .. ) /(C.M. GARG) (. . ) /(O.P.MEENA) /JUDICIAL MEMBER /ACCOUNTANT MEMBER DATED: 11.08.2017 COPY TO: APPELLANT/ RESPONDENT/PR. CIT/ CIT(A)/ DR. ITAT/ GUARD FILE. BY ORDER ASSISTANT REGISTRAR