The ACIT, Cir, RAJKOT-GUJARAT V. M/s Alpa Construction Co., RAJKOT-GUJARAT

MA 60/RJT/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6258 (ITAT-RAJKOT)
• Duration Of Justice: 5 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-03-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 1995-1996
• Appeal Filed On: 14-10-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PK VATSYAYAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI A.L. GEHLOT (AM) AND SHRI N.R.S. GANESA N (JM) M.A NO.60/RJT/2010 (ARISING OUT OF I.T.A. NO.256/RJT/2007) (ASSESSMENT YEAR 1995-96) THE ACIT, CIR.5 VS M/S ALPA CONSTRUCTION CO RAJKOT 210, PRAGATI COMPLEX 150 FT. RING ROAD, RAJKOT PAN : AAPFA4975D (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI PK VATSYAYAN RESPONDENT BY : SHRI KALPESH DOSHI O R D E R PER AL GEHLOT, AM THIS MISCELLANEOUS APPLICATION IS FILED BY THE REV ENUE AND IS STATED TO BE ARISING OUT OF ORDER DATED 13-04-2010 PASSED IN ITA NO.256/RJT/2007 FOR THE ASSESSMENT YEAR 1995-96. 2. IT IS POINTED OUT IN THE MISCELLANEOUS APPLICATI ON THAT THE ITAT AT PARAGRAPH 7 ON PAGE 3 WHILE DECIDING THE GROUND NO. 1 HAS ERRONEOUSLY MENTIONED THE AMOUNT AT RS.16,53,670 INSTEAD OF RS. 24,53,670. IN THE MISCELLANEOUS APPLICATION IT HAS ALSO BEEN POINTED OUT THAT THE ITAT HAS TAKEN NET PROFIT OF RS. 3,60,368 STATING THAT THIS AMOUNT OF NET PROFIT HAS BEEN SHOWN BY THE ASSESSEE BUT DETAIL IS NOT AVAILA BLE FROM WHERE THIS FIGURE HAS BEEN TAKEN BY THE ITAT. MA NO.60/RJT/2010 2 3. WE HAVE HEARD THE LEARNED REPRESENTATIVES OF THE PARTIES, RECORD PERUSED. THE SO-CALLED PORTION OF THE ORIGINAL PAR AGRAPH NO.7 ON PAGE 3 OF THE ITAT ORDER READS AS UNDER: 7 THE ASSESSEE HAS SHOWN GROSS RECEIPT OF RS.1,31,08,556/-, WHICH WAS NOT DISPUTED BY AO, THE REFORE 4% OF SUCH PROFIT WOULD COME TO RS. 5,24,342/, THE ASS ESSEE HAS SHOWN NET PROFIT OF RS.3,60,368/-, THEREFORE THE AD DITION OF RS.1,63,974/ A AGAINST RS.16,53,670/. THIS GROUND OF APPEAL IS PARTLY ALLOWED. THE LD.AR SUBMITTED THAT THE ASSESSING OFFICER MADE ADDITION FOR RS.24,53,670 AND CIT(A) GRANTED RELIEF OF RS.8 LAKH S. THE ASSESSEE FILED APPEAL BEFORE ITAT ONLY AGAINST THE ADDITION SUSTAI NED OF RS.16,53,670. THE LD.AR SUBMITTED THAT THE ITAT HAS CORRECTLY REC ORDED FACTS AS THE ASSESSEE WAS IN APPEAL ONLY AGAINST THAT AMOUNT OF RS,.16,53,670. AS REGARDS THE SECOND MISTAKE POINTED OUT IN THE MISCE LLANEOUS APPLICATION IN RESPECT OF NET AMOUNT OF RS.3,60,368, THE LD.AR POI NTED OUT THAT THIS FIGURE HAS BEEN CORRECTLY TAKEN BY THE ITAT FROM THE TOTAL BIFURCATION GIVEN BY WHICH ARE AS BELOW: NET PROFIT 10470 INTEREST TO PARTNERS 254898 REMUNERATION TO PARTNERS 95000 NET PROFIT AS CONSIDERED BY ITAT 360368 4. AFTER HEARING LEARNED DEPARTMENTAL REPRESENTATIV E, AND ON PERUSAL OF THE GROUNDS OF APPEAL WE NOTICE THAT IN GROUND OF A PPEAL NO.1 THE FIGURE MENTIONED IS RS.24,53,670 WHICH REQUIRES TO BE READ AS A WHOLE WHEREIN RELIEF OF RS.8 LAKHS IS ALSO STATED IN THE GROUND O F APPEAL. WE, THEREFORE, MA NO.60/RJT/2010 3 DO NOT FIND ANY ERROR IN RECORDING THE FACTS BY THE ITAT IN ITS ORDER DATED 13-04-2010. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03-2011. (N.R.S. GANESAN) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT : MARCH, 2011 PK/- COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT(A)-IV, RAJKOT 4. THE CIT-III, RAJKOT 5. THE DR (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, RAJKOT