M/s. Mahaveer Infra Engineering Pvt. Ltd. , Mumbai. V. ACIT, Circle, Barmer

MA 5/JODH/2021

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 6055 (ITAT-JODHPUR)
• Duration Of Justice: 2 year(s) 7 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-10-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 21-09-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 22-03-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH ‘DB’: JODHPUR (Through Video Conferencing) BEFORE, SHRI SAKTIJIT DEY, VICE PRESIDENT AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER MA No.05/JODH/2021 (Arising out of Cross Objection No.18/JODH/2019) ASSESSMENT YEAR 2014-15 Mahaveer Infra Engineering Pvt. Ltd. C/o Shri Rajendra Jain Advocate 106, Akshay Deep Complex, 5 th B Road, Sardarpura, Jodhpur-342 001 PAN-AAFCM 8521Q Vs. ACIT Circle Barmer (Appellant) (Respondent) Appellant by Mr. Rajendra Jain, Advocate Respondent by Ms. Meenakshi Vohra, CIT-DR Date of Hearing 22/09/2023 Date of Pronouncement 27/10/2023 ORDER PER DR. B.R.R. KUMAR, AM: This Miscellaneous Application (‘MA’, for short) is filed by the assessee in respect of order dated 21/12/2020 while disposing off the ground to appeal no.5 of the Cross Objection for AY 2014-15 passed by Income Tax Appellate Tribunal (‘ITAT’, for short) in assessee’s appeal vide ITA No.186/Jodh/2018. 2 MA No.05 /Jodh/2021 Mahaveer Infra Engineering Pvt. Ltd. vs. ACIT 2. We have heard both the parties and perused the materials available on record. We find that the assessee itself has added back the loss claimed of Rs.23,68,613/- on account of sale of machinery in the computation of income. Hence, the M.A. of the assessee is allowed. CORRIGENDUM Since, the loss of sale has been added back by the assessee in the computation of total income, the addition made by the AO directed to be deleted. Order pronounced in the open Court on 27 th October, 2023. Sd/- Sd/- (SAKTIJIT DEY) (DR. B.R.R. KUMAR) VICE PRESIDENT ACCOUNTANT MEMBER Dated: 27/10/2023 PK/Ps Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, JODHPUR