Anita Garg Prop. M/s. Novelty Trading Company , Hapur V. ITO, Ward- 3(4), Hapur

MA 97/DEL/2022

AI Insights

The case revolves around a clerical error in a previous Tribunal order concerning the assessment of net profit rate applied to the turnover of Anita Garg's business for the Assessment Year 2014-15. Initially, the Tribunal had set the net profit rate at 1.5%, which was inconsistent with a similar case involving Lokesh Garg, the husband of the assessee, where a 0.5% rate was applied. Both parties agreed that the earlier order contained a typographical mistake, leading to the filing of this Miscellaneous Application to correct the error.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 115706 (ITAT-DELHI)
• Duration Of Justice: 8 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-02-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 19-01-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 25-05-2022
• Other Referred Cases: Lokesh Garg vs. ITO
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : A : NEW DELHI BEFORE SHRI C.M. GARG, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER Miscellaneous Application No.97/Del/2022 (ITA No.5229/Del/2018) Assessment Year: 2014-15 Anita Garg, Prop. M/s Novelty Trading Company, 303, Shivaji Nagar, Pilkhuwa, Hapur, Uttar Pradesh. PAN: AAYPG2767Q Vs ITO, Ward-3(4), Hapur. (Applicant) (Respondent) Assessee by : Shri Alok Gupta, CA Revenue by : Shri Jeetender Chand, Sr. DR Date of Hearing : 20.01.2023 Date of Pronouncement : 13.02.2023 ORDER PER C.M. GARG, JM: This Miscellaneous Application filed by the Assessee arise out of the order passed by the Tribunal in ITA No.5229/Del/2018 dated 24.06.2021 for AY 2014-15 (hereinafter called, ‘the Tribunal order’). . 2. The ld. Sr. DR agreed to the contention of the ld. Assessee’s representative that there is a clerical mistake in the Tribunal order dated 24.06.2021 in ITA No.5229/Del/2018 for AY 2014-15. The operative para 6 wherein it has been observed that net profit @ 1.5% needs to be applied to the total turnover of the assessee, whereas under identical facts and MA No.97/Del/2023 2 circumstances, for the same AY 2014-15 in the case of Lokesh Garg, who is the husband of the assessee, in ITA No.5230/Del/2018, vide order dated 14.01.2019, which was relied on by the assessee, the Tribunal directed to apply the net profit rate of 0.5% to the turnover of the assessee. 3. Therefore, in view of the above submissions of both the sides, the typographical mistake crept in para 6 of the Tribunal order dated 24.06.2021 is removed and “....that net profit @ 1.5%....” is replaced by “.....net profit @ 0.5%.....” Accordingly, the grievance of the assessee is accepted. 4. In the result, the Miscellaneous Application filed by the assessee is allowed. Order pronounced in the open court on 13.02.2023. Sd/- Sd/- (DR. B.R.R. KUMAR) (C.M. GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 13 th February, 2023. dk Copy forwarded to 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi