ACIT, Chandigarh V. Smt. Santosh Verma L/H Sh. Sudershan Lal Verma, Ropar

MA 65/CHANDI/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7976 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-05-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 24-02-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 15-12-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: B M KHANNA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES B CHANDIGARH BEFORE MS SUSHMA CHOWLA, JUDICIAL MEMBER AND SHRI MEHAR SINGH, ACCOUNTANT MEMBER M.A. NO.65 /CHD/2011 (IN ITA NO.1023/CHD/2010) (ASSESSMENT YEAR: 2007-08) THE A.C.I.T., VS. SMT.SANTOSH VERMA, CIRCLE 2 (1), L/H SHRI SUDERSHAL LAL VERMA CHANDIGARH. PROP BELA ORNAMENTS. ROPAR. PAN: AAEPL7472P (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI AKHILESH GUPTA, DR RESPONDENT BY : SHRI B.M.KHANNA DATE OF HEARING : 20.04.2012 DATE OF PRONOUNCEMENT : 09.05.2012 ORDER PER SUSHMA CHOWLA, JM THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN FILE D THE APPLICANT- REVENUE AGAINST THE ORDER OF THE TRIBUNA L DATED 26.08.2011 IN ITA NO.1023/CHD/2010 RELATING TO THE ASSESSMENT YEA R 2007-08. 2. THE GRIEVANCE OF THE APPLICANT-REVENUE IS THAT B Y AN ERROR IN GROUND NO.(II) RAISED BEFORE THE TRIBUNAL THE ADDIT ION OF RS.80,000/- ON ACCOUNT OF REVALUATION OF CLOSING STOCK OF GOLD HAD BEEN MENTIONED AS AGAINST THE DELETION OF ADDITION OF RS.3,80,000/-. THE APPLICANT-REVENUE HAS FURTHER POINTED OUT THAT BECAUSE OF MISTAKE IN MENTIONING AMOUNT AT RS.80,000/-, THE APPEAL OF THE REVENUE WAS DISMISSE D BEING OF LOW TAX EFFECT. HOWEVER, IF THE SAID FIGURE IS CONSIDERED AT RS.3,80,000/-, THE TAX INVOLVED WOULD BE ABOVE THE LIMITS PRESCRIBED F OR FILING APPEAL BEFORE THE REVENUE. 2 3. ON PERUSAL OF THE RECORD WE FIND THAT A MISTAKE HAS OCCURRED IN MENTIONING THE AMOUNT IN GROUND NO.(II) CONSEQUENT TO WHICH THE APPEAL OF THE REVENUE WAS DISMISSED FOR LOW TAX EFFECT. I F THE FIGURE IS ADOPTED AT RS.3,80,000/- IN GROUND NO.(II), THEN THE TAX EF FECT IS ABOVE THE LIMIT PRESCRIBED FOR FILING THE APPEAL BEFORE THE TRIBUNA L. WE FIND THAT THE ORDER OF THE TRIBUNAL DATED 26.8.2011 CONSEQUENTLY NEEDS TO BE RECALLED. IN THE ENTIRETY OF THE FACTS AND CIRCUMSTANCES OF T HE CASE WE RECALL OUR ORDER DATED 26.8.2011 AND DIRECT THE REVENUE TO FIL E AMENDED GROUND OF APPEAL NO.(II). 4. THE APPEAL IS FIXED FOR HEARING ON 4.6.2012, FOR WHICH THE ISSUE OF FORMAL NOTICE IS WAIVED WITH THE CONSENT OF PARTIES . 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 9 TH DAY OF MAY, 2012. SD/- SD/- (MEHAR SINGH) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 9 TH MAY, 2012 RATI COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT/THE C IT(A)/THE DR TRUE COPY BY ORDER ASSISTANT REGISTRAR, ITAT, CHANDIGARH