Harish Velamal Budhani, Navsari V. The Income Tax Officer, ward-2 , Navsari

MA 11/SRT/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 1987 (ITAT-SURAT)
• Duration Of Justice: 3 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 31-03-2022
• Assessment Year: 2008-2009
• Appeal Filed On: 22-02-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Keywords: Peak credit
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM MA No.11/SRT/2022 [Arising out of ITA No.206/AHD/2018] Assessment Year: (2008-09) (Physical Court Hearing) Harish Velamal Budhani, A-6, Panghat Row House, Mankodia, Navsari-396445. Vs. The Income Tax Officer, Ward-2, Navsari. èथायीलेखासं./जीआइआरसं./PAN/GIR No.: AAMPB8797R (Appellant) (Respondent) Assessee by : Shri Hiren Vepari, CA Revenue by : Ms Anupama Singla, Sr. DR स ु नवाईकȧतारȣख/ Date of Hearing : 01/04/2022 घोषणाकȧतारȣख/Date of Pronouncement : 20/06/2022 आदेश / O R D E R PER DR. A. L. SAINI, AM: By way of this Miscellaneous Application, the assessee has sought to point out that a mistake apparent from record within the meaning of section 254(2) of the Income Tax Act, 1961 (in short ‘the Act’) has crept in the order of the Tribunal dated 23.08.2021. 2. The case of the assessee in this Miscellaneous Application is that Tribunal has not Act adjudicated Ground Nos.1 and 3 raised by the assessee, therefore order of the Tribunal dated 23.08.2021 may be recalled. 3. On the other hand, Learned Departmental Representative (ld. DR) for the Revenue submitted that Tribunal has given sufficient relief to the assessee on merit, by adjudicating ground nos. 2 and 3, therefore, order of the Tribunal should not be recalled. 4. We have heard both the parties. We note that ground nos. 2 and 3 are on merit. The Assessing Officer made addition at Rs.3,51,108/- on merit and on appeal, Ld.CIT(A) enhanced the assessment to Rs.11,49,200/-. Both these grounds are on merit. The Tribunal has adjudicated ground nos.2 and 3, in para no. 5 of its order Page | 2 MA No.11/SRT/2022 Assessment Year.2008-09 Harish Velamal Budhani stating that addition to the extent of Peak credit at Rs.3,51,108/- should be sustained. This way, Tribunal has restricted the addition on merit from Rs.11,49,200/- to Rs.3,51,108/-. These two additions are mentioned in ground nos. 2 and 3 raised by the assessee, hence there is no mistake apparent on record, so far ground nos. 2 and 3 are concerned. 5. So far ground no. 1 is concerned; we note that during the course of hearing, Ld. Counsel did not argue on the said ground no. 1, he stated that if the relief is provided on merits then assessee would not press the ground no.1 therefore Bench did not adjudicate the same. We note that ground no. 1 is on technical issue, which was not argued by Ld. Counsel at the time of hearing, however we note that said ground goes to the root of the matter, therefore, in the interest of justice and fair play, we recall the order of Tribunal dated 23.08.2021, for limited purpose to adjudicate ground no. 1 only. The appeal may be fixed for hearing in due course. 6. In the result, Miscellaneous Application filed by the assessee is allowed to the extent indicated above. Order is pronounced in the open court on 20/06/2022 by placing the result on the Notice Board as per Rule 34(5) of the Income Tax (Appellate Tribunal) Rule 1963. Sd/- Sd/- (PAWAN SINGH) (Dr. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER lwjr /Surat Ǒदनांक/ Date: 20/06/2022 SAMANTA Copy of the Order forwarded to 1. The Assessee 2. The Respondent 3. The CIT(A) 4. Pr.CIT 5. DR/AR, ITAT, Surat 6. Guard File By Order // TRUE COPY // Assistant Registrar/Sr. PS/PS ITAT, Surat