Pushpa Devi Rathi, Kolkata V. I.T.O.,Ward-40(4), Kolkata

MA 74/KOL/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4025 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-10-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 17-03-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANGRA
• Assessee Lawyers: MIRAJ D. SHAH
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A (VIRTUAL COURT HEARING), BENCH KOLKATA BEFORE SHRI P. M. JAGTAP, V.P & SHRI S. S. GODARA, JM M.A NO.74/KOL/2020 (IN I.T.A NO.1163/KOL/2019 ) ( [ [ / ASSESSMENT YEAR: 2013-14) SMT. PUSHPA DEVI RATHI NATURAL RESIDENCY, 76/1, GOLAGHATA ROAD, BLCIK 6, FLAT 1B, NEAR BIKA BANQUET, KOLKATA 700048. VS. ITO, WARD-40(4), KOLKATA ./ ./PAN/GIR NO.: ACMPR5629Q (APPELLANT) .. (RESPONDENT) APPELLANT BY : SHRI MIRAJ D. SHAH, AR RESPONDENT BY : SHRI JAYANTA KHANGRA, JCIT / DATE OF HEARING : 09/10/2020 /DATE OF PRONOUNCEMENT : /10/2020 / O R D E R PER SHRI S. S. GODARA: THIS ASSESSEES MISCELLANEOUS APPLICATION FILED U/S 254(2) OF THE ACT SEEKS TO RECALL/RECTIFY THE TRIBUNALS ORDER DATED 28.02.2020 PARTLY ALLOWING HER MAIN APPEAL ITA NO.1163/KOL/2019. HEARD BOTH THE PARTIES. CASE FILE PERSUED. 2. WITH THE ABLE ASSISTANCE OF BOTH THE LEARNED REPRESENTATIVES, WE NOTICE AT THE OUTSET THAT OUR ORDER DATED 28.02.20 HAS MADE IT CLEAR THAT THE ASSESSEES LUMPSUM PROFIT RATE DESERVES TO BE ASSESSED DOUBLE THAN THAT ACCEPTED @0.75% ON THE ONE HAND AND FURTHER DIRECTED THE SAME TO BE TAKEN AS @7.5% ON THE OTHER. MEANING THEREBY THAT OUR DIRECTIONS NEED TO BE MODIFIED TO THIS EXTENT AND THE ABOVE ESTIMATED PROFIT RATE @7.5% SHALL NOW BE READ AS @1.5% ONLY GOING BY THE M.A NO.74/KOL/2020 SMT. PUSHPA DEVI RATHI PAGE | 2 PRECEDING DETAILED REASONING IN OUR ORDER DATED 28.02.20. NECESSARY COMPUTATION TO THIS EFFECT SHALL FOLLOW AS PER LAW. 3. THIS ASSESSEES MISCELLANEOUS APPLICATION IS ALLOWED IN ABOVE TERMS. ORDER IS PRONOUNCED IN THE OPEN COURT ON 22.10.2020. SD/- ( P.M. JAGTAP ) SD/- (S. S. GODARA) VICE-PRESIDENT JUDICIAL MEMBER /KOLKATA; / DATE:22/10/2020 RS / COPY OF THE ORDER FORWARDED TO : TRUE COPY BY ORDER ASSISTANT REGISTRAR, I.T.A.T, KOLKATA BENCHES, KOLKATA . 1. THE APPELLANT- SMT. PUSHPA DEVI RATHI 2. THE RESPONDENT- ITO, WARD-40(4), KOLKATA 3. ( ) / THE CIT(A), KOLKATA [SENT THROUGH EMAIL] 4. / CIT 5. , , / DR, ITAT, KOLKATA [SENT THROUGH EMAIL] 6. [ / GUARD FILE.