Shri Krushnalal Bhagwands Patel, Surat V. Income Tax Officer, Ward -1(3)(7), Surat

MA 19/SRT/2024

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 1200 (ITAT-SURAT)
• Duration Of Justice: 1 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-07-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 27-06-2024
• Assessment Year: 2009-2010
• Appeal Filed On: 15-05-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained cash credit
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI BIJAYANANDA PRUSETH, ACCOUNTANT MEMBER M.A. No. 19/Srt/2024 (Arising out of ITA No. 202/Srt/2023) (A.Y. 2009-10) (Physical hearing) Krushnalal Bhagwandas Patel, 3/36, Amba Krishna Bhavan, Ambaji Chowk, Rander, Surat-395005. PAN No. ADPPP 8611 A Vs. I.T.O., Ward 1(3)(7), Aayakar Bhawan, Majura Gate, Surat. Appellant/ Assessee Respondent/ Revenue Assessee represented by Shri P M Jagasheth, C.A. Department represented by Shri Vinod Kumar, Sr.DR Date of hearing 28/06/2024 Date of pronouncement 03/07/2024 Order under section 254(2) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER: 1. This Miscellaneous Application (MA) is filed by the assessee for seeking rectification in the order of Tribunal dated 26/03/2024 passed in ITA No. 202/Srt/2023 for the Assessment Year (AY) 2009-10. 2. The learned Authorised Representative (ld AR) of the assessee submits that he has a very limited prayer for seeking necessary rectification in the order of the Tribunal dated 26/03/2024, with regard to the fact that the assessee has raised ground No. 4 in the appeal against addition of Rs. 10.83 lacs on account of unexplained credit and Rs. 1.83 lacs as cash deposit which is separate and independent to the other grounds of appeal. The Bench while adjudicating the other grounds of appeal in para 11 of the order has held that no other grounds of appeal was argued or pressed, therefore, the general ground of appeal as well as ground No. 4 was dismissed as not MA No. 19/Srt/2024 Krushnalal Bhagwandas Patel Vs ITO 2 pressed. The ld. AR of the assessee submits that the credit entry appearing in the bank account relates to subsequent financial year and such fact was specifically argued during the hearing by referring bank statement, such bank statement may be available on record of the Tribunal. The ld. AR of the assessee submits that in fact, ground No. 4 was specifically argued, however, the submission of assessee may have escaped the attention of the Bench. The ld. AR of the assessee prayed to recall the order dated 26/03/2024 qua ground no. 4 which is mistake apparent on record. 3. On the other hand, the learned Senior Departmental Representative (ld. Sr. DR) for the revenue submits that he supports the finding in para 11 of order dated 26/03/2024. 4. We have considered the rival submissions of both the parties and find that vide ground No. 4 which is referred by the assessee in his application, the assessee has raised specifically raised ground of appeal against the addition of Rs. 10.83 lacs and cash deposit of Rs. 1.83 lacs in treating unexplained cash credit. We find that the assessee has filed copy of bank statement of ICICI bank while making his submission, copy of which is available on record, bearing the remark /writing on such bank statement. One of the entry in the bank account relates to subsequent financial year. Considering the contention of ld. AR of the assessee that he relied upon the bank statement while making submission on ground No. 4, thus we find merit in the submission that specific submissions were made by him at the time of hearing. Considering the fact that the ground No. 4 of appeal was dismissed MA No. 19/Srt/2024 Krushnalal Bhagwandas Patel Vs ITO 3 as un-adjudicated by treating it as not pressed which constitutes a mistake apparent on record. Thus, the order dated 26/03/2024 passed in ITA No. 202/Srt/2023 is recalled only qua ground No. 4. Considering the fact that we have recalled the order dated 26/03/2024 qua ground No. 4, therefore, hearing of appeal is fixed on 30/07/2024 on ground No. 4. Parties be informed accordingly. 5. In the result, this Miscellaneous Application filed by the assessee is allowed. Order was pronounced in the open court on 03 rd July, 2024. Sd/- Sd/- (BIJAYANANDA PRUSETH) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Surat, Dated: 03/07/2024 *Ranjan Copy to: 1. Appellant 2. Respondent 3. CIT 4. DR 5. Guard File By order Sr. Pvt. Secretary, ITAT, Surat