Sunder Sewa NIketan, New Delhi v. ITO Ward 34(4), New Delhi

MA 48/DEL/2010 | 2002-2003
Pronouncement Date: 01-10-2010 | Result: Allowed

Appeal Details

RSA Number 4820124 RSA 2010
Assessee PAN AAATS8306F
Bench Delhi
Appeal Number MA 48/DEL/2010
Duration Of Justice 8 month(s) 3 day(s)
Appellant Sunder Sewa NIketan, New Delhi
Respondent ITO Ward 34(4), New Delhi
Appeal Type Miscellaneous Application
Pronouncement Date 01-10-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted G
Tribunal Order Date 01-10-2010
Assessment Year 2002-2003
Appeal Filed On 29-01-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G : NEW DELHI BEFORE SHRI A.D.JAIN JM AND SHRI R.C.SHARMA AM MISCELLANEOUS APPLICATION NOS.48/DEL/2010 & 49/DEL/ 2010 (IN ITA NOS.1702/DEL/2008 & 1703/DEL/2008) ASSESSMENT YEARS : 2002-03 & 2004-05 M/S SUNDER SEWA NIKETAN C-3/154 YAMUNA VIHAR DELHI 110 053. PAN NO.AAATS8306F. VS. INCOME TAX OFFICER WARD-34(4) NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.L.GUPTA CA. RESPONDENT BY : SMT.MONA MOHANTY SR.DR. ORDER PER R.C.SHARMA AM : THESE MISCELLANEOUS PETITIONS ARE FILED BY THE ASS ESSEE TO RECTIFY A MISTAKE ALLEGED TO BE APPARENT IN THE ORDER OF THE TRIBUNAL DATED 30.9.2009. 2. THROUGH THESE PETITIONS IT WAS CONTENDED BY THE LEARNED AR THAT BY THIS ORDER THE TRIBUNAL HAS DIRECTED THE AO TO RECOMPUT E THE PROFIT AT HALF PERCENT OF THE SALES. HOWEVER IT IS NOT CLARIFIED AS TO WHIC H SALES THE AO SHOULD ADOPT SINCE THERE WAS A DIFFERENCE IN THE SALES DECLARED BY THE ASSESSEE AND THE SALES ESTIMATED BY THE AO. AS PER LEARNED AR NOT CLARIFYING THE S ALES ON WHICH THE PROFIT RATE IS TO BE APPLIED AMOUNTS TO A MISTAKE APPARENT FROM R ECORD AND SAME SHOULD BE RECTIFIED U/S 254(2). 3. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND GON E THROUGH THE ORDER OF THE TRIBUNAL DATED 30.9.2009 IN RESPECT OF ITA NO.1702/ DEL/2008 & 1703/DEL/2008 WHEREIN APPEAL OF THE DEPARTMENT WAS PARTLY ALLOWED WITH A DIRECTION TO THE AO TO COMPUTE NET PROFIT ON HALF PERCENT OF THE SALES. I N THIS CASE THE SALES DECLARED BY THE ASSESSEE A REGISTERED SOCIETY WAS NOT ACCEPTE D BY THE AO AND AO HAS MA-48 & 49/D/2010 2 ESTIMATED THE SALES ON HIS OWN AND AFTER REJECTING BOOKS OF ACCOUNT MADE VARIOUS ADDITIONS BY ESTIMATING SALES AT HIGHER FIGURE AND APPLYING HIGHER PROFIT RATE. THE ENTIRE ADDITION WAS DELETED BY THE CIT(A) AGAINST W HICH REVENUE IS IN FURTHER APPEAL BEFORE US. AFTER CONSIDERING THE ENTIRE FAC TS THE TRIBUNAL REACHED TO THE CONCLUSION THAT AO SHOULD COMPUTE THE NET PROFIT ON HALF PERCENT OF THE SALES. HOWEVER HOW MUCH SALES THE AO SHOULD TAKE WAS NOT STATED IN THE ORDER WHICH AMOUNTS TO A MISTAKE APPARENT FROM RECORD. WE HERE BY RECTIFY THE APPARENT MISTAKE AND DIRECT THE AO TO COMPUTE NET PROFIT ON THE SALES DECLARED BY THE ASSESSEE IN THE PROFIT & LOSS ACCOUNT SUBMITTED BEF ORE THE IT AUTHORITIES BY TAKING HALF PERCENT NET PROFIT RATE. THE OTHER GROUNDS TA KEN IN THE MISCELLANEOUS APPLICATIONS WERE NOT PRESSED BY THE LEARNED AR. 4. IN THE RESULT BOTH THE MISCELLANEOUS APPLICATIO NS ARE ALLOWED IN PART. DECISION PRONOUNCED IN THE OPEN COURT ON 1 ST OCTOBER 2010. SD/- SD/- (A.D.JAIN) (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 01.10.2010. VK. COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ITAT DEPUTY REGISTRAR MA-48 & 49/D/2010 3