The Dy. Commissioner of Income tax, Srinagar V. Gh. Mohd. Bhatt, Srinagar

MA 125/ASR/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1364 (ITAT-AMRITSAR)
• Duration Of Justice: 11 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 31-01-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 11-02-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Unexplained cash credit
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P. JAIN, ACCOUNTANT MEMBER M.A. NO. 125(ASR)/2013 [IN I.T.A. NO. 310 (ASR)/2012] ASSESSMENT YEAR: 2009-10 PAN: AGMPB-9694F DY. COMMISSIONER OF INCOME VS. SH. GH. MOHD. BHAT , TAX, CIRCLE-3, SRINAGAR NARWARA, SRINAGAR (APPELLANT) (RESPONDENT) APPELLANT BY: SH. MAHAVIR SINGH, SR. DR RESPONDENT BY: SH. JOGINDER SINGH, CA DATE OF HEARING: 31.01.2014 DATE OF PRONOUNCEMENT: 31.01.2014 ORDER PER BENCH 1. THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS A PPLICATION REQUESTING FOR RECTIFYING THE ORDER DATED 07.09.201 2, PASSED BY THIS BENCH IN I.T.A. NO. 310(ASR)/2012 FOR ASSESSMENT YE AR 2009-10, ON THE GROUND THAT IN THE ORDER DATED 07.09.2012, THIS BEN CH HAD NOT ADJUDICATED THE GROUND NO. 4 TAKEN BY THE DEPARTMENT IN ITS APP EAL ON THE ISSUE OF UNEXPLAINED CASH CREDITS UNDER SECTION 68 ON ACCOUN T OF SUNDRY CREDITORS. 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ELEVANT RECORDS AVAILABLE WITH US, ESPECIALLY THE ORDER DATED 07.09 .2012 PASSED BY THIS BENCH AND WE ARE OF THE VIEW THAT THE AVERMENT MADE BY THE DEPARTMENT IN THE PRESENT MISCELLANEOUS APPLICATION IS CORRECT BECAUSE THIS BENCH 2 M.A. NO. 125(ASR)/2013 [IN I.T.A. NO. 310 (ASR)/2012] INADVERTENTLY ESCAPED TO ADJUDICATE THE ISSUE INVOL VED IN GROUND NO. 4. IT IS A MISTAKE APPARENT FROM THE RECORD. THEREFORE, I N THE INTEREST OF JUSTICE, THE ORDER DATED 07.09.2012 PASSED BY THIS BENCH IS RECALLED. 3. BOTH THE PARTIES AGREED TO ARGUE THE ISSUE INVOL VED IN GROUND NO. 4 ON MERIT TODAY ITSELF I.E. 31.01.2014. THUS, THE REGISTRY IS DIRECTED TO FIX THE MAIN APPEAL FILED BY THE REVENUE I.E. I. T.A. NO. 310(ASR)/2012 TODAY I.E. 31.01.2014. 4. IN THE RESULT, THE PRESENT MISCELLANEOUS APPLICA TION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST JANUARY, 2014 SD/./- SD/./- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 31 ST JANUARY, 2014 /RK/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE: SH. GH. MOHD. BHAT, NARWARA, SRINAG AR 2. DY. COMMISSIONER OF INCOME TAX, CIRCLE-3, SRINAGAR 3. THE CIT(A), 4. THE CIT, 5. THE SR DR, I.T.A.T., TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.