The ACIT, 1(2), Bhopal V. M/s Ram Enterprises, Bhopal

MA 98/IND/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9001 (ITAT-INDORE)
• Duration Of Justice: 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-08-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2001-2002
• Appeal Filed On: 02-08-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Assessee Lawyers: SAKSHI VERMA

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI R.C. SHARMA, ACCOUNTANT MEMBER M.A. NOS. 97 TO 102/IND/2012 ARISING OUT OF IT(SS)A NOS.128 TO 133/IND/2011 A.YS.2000-01 TO 2005-06 ASSISTANT COMMISSIONER OF INCOME TAX 1(2) BHOPAL :: APPLICANT VS M/S RAM ENTERPRISES BHOPAL PAN AAFFR 1033F :: RESPONDENT APP LIC ANT BY SHRI R.A. VERMA RESPONDENT BY SHRI ASHISH GOYAL AND MISS SAKSHI VERMA DATE OF HEARING 3.8.2012 DATE OF PRONOUNCEMENT 3.8.2012 2 O R D E R PER SHRI JOGINDER SINGH THESE MISCELLANEOUS APPLICATIONS ARE FILED BY THE REVENUE IN RESPECT OF THE ORDER PASSED BY THE TRIBUNAL DATED 4.7.2012 IN IT(SS)A NOS. 128 TO 133/IND/2011 FOR THE ASSESSMENT YEARS 2000-01 TO 2005-06. 2. THROUGH THESE MISCELLANEOUS APPLICATIONS, THE LEARNED SENIOR DR, HAS POINTED OUT THAT A TYPOGRAPH ICAL MISTAKE IN THE ORDER OF THE TRIBUNAL PARA 4 AT PAGE 8 HAS OCCURRED WHEREIN IT HAS BEEN HELD AS UNDER :- WE DEEM IT APPROPRIATE TO APPLY THE GROSS PROFIT AT @ 10% IN PLACE OF 12% (ADOPTED BY THE LD. CIT(A) FOR THE REMAINING ASSESSMENT YEARS. IT WAS CONTENDED BY THE LEARNED SENIOR DR THAT IT W AS ACTUALLY THE NET PROFIT ADOPTED BY THE LEARNED CIT( A) AND THE PROFIT HAS BEEN CALCULATED ACCORDINGLY. HE FUR THER 3 SUBMITTED THAT THE TRIBUNAL EVEN AT THE TIME OF HEA RING AGREED TO ADOPT REASONABLE NET PROFIT RATE INSTEAD OF GROSS PROFIT RATE AS MENTIONED IN THE ASSESSMENT OR DER AND THE ORDER OF THE CIT(A). 3. WE HAVE GONE THROUGH THE CONTENTIONS OF THE LEARNED DR AND THE LEARNED COUNSEL FOR THE ASSESSEE AND THE MISCELLANEOUS APPLICATIONS FILED BY THE REVENUE AND FIND THAT THERE WAS A TYPOGRAPHICAL MISTAKE IN PARA 4 AT PAGE 8 OF THE ORDER OF THE TRIBUNAL WHEREIN INADVER TENTLY GROSS PROFIT HAS BEEN TYPED IN PLACE OF NET PROFIT. ACCORDINGLY, WE RECTIFY THE SAID MISTAKE AND ACCORD INGLY THE ABOVE PARA 4 AT PAGE 8 READS AS UNDER :- WE DEEM IT APPROPRIATE TO APPLY THE NET PROFIT AT @ 10% IN PLACE OF 12% (ADOPTED BY THE LD. CIT(A) FOR THE REMAINING ASSESSMENT YEARS. 4. IN THE RESULT, ALL THE MISCELLANEOUS APPLICATION S ARE ALLOWED. 4 ORDER PRONOUNCED IN OPEN COURT ON 3 RD AUGUST, 2012 IN THE PRESENCE OF LEARNED REPRESENTATIVES OF BOTH THE SIDES. B SD SD (R.C. SHARMA) (JOGINDER SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER 3RD AUGUST, 2012 COPY TO : APPELLANT/RESPONDENT/CIT/CIT(A)/DR DN/-22