TMI Blog2023 (7) TMI 978X X X X Extracts X X X X X X X X Extracts X X X X ..... been dealt with, however we could not trace out if any mistake apparent on record is there. There may be wrong findings given by the Tribunal but these findings do not amount to mistake apparent on record to be interfered with u/s 254 - Each and every fact and argument addressed by the assessee has been brought on record, discussed with and decided as per wisdom of the Bench. Even during the course of argument before the Bench in the present miscellaneous application the Ld. A.R. for the assessee has failed to point out as to why the order passed by the Tribunal in its own case in A.Y. 2003-04 should not be followed by the Bench while passing the order (supra) which is in accordance with settled principle of law that in the identical fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke apparent on record in the order dated 14.05.2019 passed by the Tribunal in ITA No.3168/M/2016 for A.Y 2011-12 on the grounds inter-alia that the Bench while passing order (supra) summarized the argument addressed by the Ld. A.R. for the assessee in para 8 and para 13 of the order (supra) but in the operative part the Bench proceeded to rely on the order of this Tribunal passed in assessee s own case for the assessment year 2003-04 and gave a similar direction to the respondent; that in the face of the non consideration of the argument made and non adjudication of the specific grounds raised in the appeal present application is moved and relied upon the order passed by the Tribunal in case of Mafatlal Industries Ltd. 2019(6) TMI 533-ITAT. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompleted projects and as per the percentage completion method in case of the incomplete projects. Further, the A.O was directed to restrict the estimation of profits based on the completion of the work of the project that was regularly followed by the assessee, instead of total advances received in this regard. Accordingly, the A.O giving effect to the said directions of the Tribunal had vide his order passed u/s 143(3) r.w.s 254, dated 13.12.2011 for A.Y 2003-04 worked out the sale receipts at Rs. 4,25,83,906/- and after applying the profit rate of 12%, worked out the income of the assessee. 13. In the course of the hearing of the appeal, the ld. A.R had placed on record the assessment orders passed u/s 143(3) in the case of the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... restrict the estimation of profits based on the completion of the work of the project, as had regularly been followed by the assessee in the past, instead of total advances received in this regard. We thus in terms of our aforesaid observations restore the matter to the file of the A.O for giving effect to our aforesaid directions. 15. The appeal of the assessee is partly allowed. 5. So far as first contention raised by the applicant-assessee that the Bench while passing the order(supra) summarized the argument addressed by the Ld. A.R. for the assessee in para 8 and para 13 of the order (supra) but in the operative part the Bench proceeded to rely on the order of this Tribunal in assessee s own case for the assessment year 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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