Pradip Saha, Kolkata V. ACIT, RG-52, KOLKATA, Kolkata

MA 94/KOL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 5871 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-08-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 18-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ROBIN CHOUDHURY REVENU
• Assessee Lawyers: MIHIR BANDYOPADHYAY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA C BENCH, KOLKATA (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI S.S. GODARA, JUDICIAL MEMBER) M.A. NO. 94/KOL/2019 ARISING OUT OF ITA NO. 1460/KOL/2014 ASSESSMENT YEAR: 2006-07 SHRI PRADIP SAHA.....................................................APPELLANT [PAN : ALSPS 6758 A] VS. ASSISTANT COMMISSIONER OF INCOME TAX, RG-52, KOLKATA...............................................RESPONDENT APPEARANCES BY: SHRI MIHIR BANDYOPADHYAY, AR, APPEARED ON BEHALF OF THE ASSESSEE. SHRI ROBIN CHOUDHURY, ADDL. CIT(DR), APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : AUGUST 2 ND , 2019 DATE OF PRONOUNCING THE ORDER : AUGUST 9 TH , 2019 ORDER PER J. SUDHAKAR REDDY, AM :- BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE REQUESTS TO MODIFY ITS ORDER, WHEREIN THE ISSUE OF ESTIMATION OF GROSS PROFIT ON DEFICIT STOCK, THE FIRST APPELLATE AUTHORITY WAS UPHELD. THE CASE OF THE ASSESSEE IS THAT, THE RATE OF G.P. COMPUTED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) IS 37.51% AND THAT THE TRIBUNAL SHOULD CLARIFY TO THE ASSESSING OFFICER THIS FACT BY RECTIFYING ITS ORDER. 2. PARA-6 OF THE MISCELLANEOUS APPLICATION IS EXTRACTED FOR READY REFERENCE: HOWEVER, SINCE THE LD CIT(A) HAS NOT EXPLICITLY DIRECTED THE AUTHORITIES BELOW TO ADOPT THE GROSS PROFIT @ 37.51% (AS WORKED OUT BY THE LD. CIT(A) HIMSELF), THE FOLLOWING OBSERVATION AND DECISION OF THE HONBLE BENCH IN PARA 3 OF ITS ORDER IS CREATING SOME AMOUNT OF CONFUSION:- THE LD. CIT(A) HAS DIRECTED THE ASSESSING OFFICER TO ADD ONLY THE GROSS PROFIT ON THE SHORTAGE OF STOCK. WE FIND NO INFIRMITY IN THE SAME AND GROUND NOS. 1 TO 4 OF THE ASSESSEE ARE HEREBY DISMISSED. 3. IN OUR VIEW THERE IS NO MISTAKE APPARENT ON RECORD REQUIRING RECTIFICATION. THE ITAT HAS NOT DEALT THIS FACTUAL ISSUE OF PERCENTAGE OF G.P. AS IT WAS NOT BEFORE IT. HENCE THIS MISCELLANEOUS APPLICATION IS DISMISSED. KOLKATA, THE 9 TH AUGUST, 2019. SD/- SD/- [ S.S. GODARA ] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 09.08.2019 BIDHAN 2 M.A. NO. 94/KOL/2019 ARISING OUT OF ITA NO. 1460/KOL/2014 ASSESSMENT YEAR: 2006-07 SHRI PRADIP SAHA COPY OF THE ORDER FORWARDED TO: 1. SHRI PRADIP SAHA, 26Q, EAST ROAD, KOLKATA 700 032 2. ASSISTANT COMMISSIONER OF INCOME TAX, RG-52, KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES