9911796707
TMI Blog2005 (2) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... espondents waives service. By consent taken for hearing. By this petition, the petitioner is challenging the order dated August 28, 2003, passed by the Tribunal with regard to a miscellaneous petition filed by the petitioner for rectification of mistake under section 254(2) of the Income-tax Act, 1961. The Income-tax Appellate Tribunal had passed an order on May 19, 2003, pertaining to the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se and sale and GP thereon, which has not been looked into by any of the authorities at any stage. The total transactions of purchase, sale and GP are about 485 out of which, there are only about 21 transactions of purchase and sale, where GP is ranging between 7 per cent, and 8 per cent. Therefore, the observations that GP of 7.26 per cent were as per majority of bills is contrary to the factual ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner also pointed out that various factual errors were pointed out to the Tribunal, but some have not been properly considered by the Tribunal. Shri Shivram emphasised that the total transactions of purchase, sale and GP are about 485 and out of which only in about 21 transactions of purchase and sale, the GP is ranging between 7 and 8 per cent. He therefore, contended that the observations that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and set aside the said impugned order dated August 28, 2003, and remand back the matter to the Tribunal to consider the said miscellaneous application for rectification of mistakes, to be decided strictly on its own merits in accordance with law after affording an opportunity of hearing to the petitioner.
Writ petition stands disposed of accordingly, however, with no order as to costs. X X X X Extracts X X X X X X X X Extracts X X X X
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