Vraj and Vraj Construction v. ACIT, Cir. Jamnagar, Jamnagar
[Citation -2019-LL-0820-19]

Citation 2019-LL-0820-19
Appellant Name Vraj and Vraj Construction
Respondent Name ACIT, Cir. Jamnagar, Jamnagar
Court ITAT-Rajkot
Relevant Act Income-tax
Date of Order 20/08/2019
Assessment Year 1991-92
Judgment View Judgment
Keyword Tags construction activity • net profit • error in order • set-off against profits • set off of business loss • rectification application
Bot Summary: Application is directed at the instance of the assessee pointing out apparent error in the order of the Tribunal dated 19.11.2008 passed in ITA No.3799/Ahd/1996. It merges out from the record that the assessee at the relevant time was engaged in civil construction work. In order to set off profit in the construction activity, the assessee has claimed loss in garlic trade. By way of present MA, the assessee has made effort to get the order of the Tribunal reviewed by contending that evidence relied upon by the Tribunal is the statement of certain witnesses which was recorded from the back of the assessee. Represenatives, we have gone through the record carefully. A perusal of the record would show that the Tribunal has gone through all the material facts before concurring with the conclusions of the Revenue authorities on the issue. We do not find any apparent error in the order of the Tribunal, hence application of the assessee is dismissed.


IN INCOME TAX APPELLATE TRIBUNAL, RAJKOT [Conducted through E Court at Ahmedabad] BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER Misc. Application NO.36/RJT/2011 IN ITA No.3799/Ahd/1996 Asstt.Year 1991-92 M/s.Vraj and Vraj Construction ACIT, Cir.Jamnagar Nanadanvan Society Vs. Jamnagar. Jamnagar. (Applicant) (Responent) Assessee by Shri Mehul Ranpura, AR Revenue by Shri Praveen Verma, Sr.DR Dateof Hearing 19/08/2019 Date of Pronouncement: 20/08/2019 ORDER PER RAJPAL YADAV, JUDICIAL MEMBER Present Misc. Application is directed at instance of assessee pointing out apparent error in order of Tribunal dated 19.11.2008 passed in ITA No.3799/Ahd/1996. 2. It merges out from record that assessee at relevant time was engaged in civil construction work. It used to carry out mainly government contracts. In order to set off profit in construction activity, assessee has claimed loss in garlic trade. In other words, it has shown net profit of Rs.3,46,416/- after set off of business loss of garlic trading of Rs.3,80,117/-. This trade in garlic was not accepted by Revenue authorities, and MA No.36/RJT/2011 2 view of AO met approval of Tribunal also. By way of present MA, assessee has made effort to get order of Tribunal reviewed by contending that evidence relied upon by Tribunal is statement of certain witnesses which was recorded from back of assessee. 3. With assistance of ld.represenatives, we have gone through record carefully. Power of rectification under section 254 of Income Tax Act can be exercised only when mistake, which is sought to be rectified, is obvious patent mistake, which is apparent from record and not mistake, which is required to be established by arguments and long drawn process of reasoning on points, on which there may conceivably be two opinions. 4. perusal of record would show that Tribunal has gone through all material facts before concurring with conclusions of Revenue authorities on issue. We do not find any apparent error in order of Tribunal, hence application of assessee is dismissed. 5. In result, MA of assessee is dismissed. Order pronounced in Court on 20th August, 2019 at Ahmedabad. Sd/- Sd/- (AMARJIT SINGH) (RAJPAL YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 20/08/2019 Vraj and Vraj Construction v. ACIT, Cir. Jamnagar, Jamnagar
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