Income Tax Appellate Tribunal - Pune
Assistant Commissioner Of Income-Tax, ... vs Smt. Jamila G. Shaikh L/H. Of Late Gh ... on 5 November, 2021
आयकर अपीऱीय अधिकरण "ए" न्यायपीठ पण
ु े में ।
IN THE INCOME TAX APPELLATE TRIBUNAL "A" BENCH, PUNE
BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER
AND
SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER
विविि आिेदन सं. / MA No.66/PUN/2019
(Arising out of ITA No.679/PUN/2003)
Block Period : 1991-92 to 2001-02
Smt. Jamila Gulmohamed Shaik &
Shri Nasir Gulmohamed Shaikh,
L/H of Late Shri Gulmohamed Hasan Shaikh,
"Dream House", 12 Molacha Odha,
Satara
PAN : ACQPS4536G
.......अऩीऱाथी / Appellant
बनाम / V/s.
The Asst. Commissioner of Income Tax,
Central Circle - 1(1), Pune
......प्रत्यथी / Respondent
Assessee by :NONE
Revenue by : Shri Piyush Kumar Singh Yadav
सुनवाई की तारीख / Date of Hearing : 05-11-2021
घोषणा की तारीख / Date of Pronouncement : 05-11-2021
आदे श / ORDER
PER S.S. VISWANETHRA RAVI, JM :
This Miscellaneous Application filed by the Revenue intends to seek rectification of mistake apparent on record in the order dated 31-10-2018 2 MA No. 66/PUN/2019, B.P. 1991-92 to 2001-02 passed by this Tribunal in ITA No. 679/PUN/2003 for Block Period 1991- 92 to 2001-02.
2. We find no representation on behalf of the assessee nor any application filed seeking adjournment. Thus, the assessee called absent and set ex-parte. Therefore, we proceed to dispose of the Miscellaneous Application by hearing the ld. DR and perusing the material available on record.
3. Heard ld. DR and perused the material available on record. We note that this Tribunal in Paragraph No. 23 directed the AO to compute addition on account of extrapolated sales @ 2% on net profit. Further, in Paragraph No. 32 this Tribunal directed the AO to apply GP rate at 2% on account of unexplained investments. According to ld. DR, Shri Piyush Kumar Singh Yadav that the above said finding of Tribunal @ 2% of net profit on account of extrapolated sales and at 2% of gross profit on unexplained investments is a mistake apparent on record which requires rectification by this Tribunal substituting net profit in place of gross profit (GP) in Paragraph No. 32. We note that in Paragraph No. 23 in Page No. 20 of the order that this Tribunal by reversing the findings of CIT(A) directed the AO to apply at 2% on profit on extrapolated sales but in Paragraph No. 32 in Page No. 26 of the order, this Tribunal directed the AO to compute addition in respect of unexplained investments by applying gross profit @ 2% which is, in our opinion, the mistake apparent on record has rightly pointed by the ld. DR. Accordingly, we substitute net profit in place of gross profit in Paragraph No. 32 in Page No. 26 of the order dated 31-10-2018 and the GP should be construed as NP hereafter. Thus, the order dated 31-10-2018 in ITA No. 3 MA No. 66/PUN/2019, B.P. 1991-92 to 2001-02 679/PUN/2003 for Block Period 1991-92 to 2001-02 is modified as indicated above.
4. In the result, the Miscellaneous Application filed by the Revenue is allowed as indicated above.
Order pronounced in the open court on 05th November, 2021.
Sd/- Sd/-
(Inturi Rama Rao) (S.S. Viswanethra Ravi)
ACCOUNTANT MEMBER JUDICIAL MEMBER
ऩुणे / Pune; ददनाांक / Dated : 05th November, 2021. RK आदे श की प्रतिलऱवप अग्रेविि / Copy of the Order forwarded to :
1. अऩीऱाथी / The Appellant.
2. प्रत्यथी / The Respondent.
3. The CIT(A)-1, Pune
4. The CIT (Central), Pune
5. ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, "ए" बेंच, ऩण ु े / DR, ITAT, "A" Bench, Pune.
6. गार्ड फ़ाइऱ / Guard File.
//सत्यावऩत प्रतत// True Copy// आदे शानुसार / BY ORDER, तनजी सधचव / Private Secretary, आयकर अऩीऱीय अधधकरण, ऩुणे / ITAT, Pune