Reji Abraham, CHENNAI V. DCIT Corporate Circle 1(1), CHENNAI

MA 227/CHNY/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4707 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 22-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S VIJAYAPRABHA
• Assessee Lawyers: S SRIDHAR
• Keywords: Rectification of order
• Section: 68

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C BENCH, CHENNAI . . . , . , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER MISCELLANEOUS PETITION NO.227/CHNY/2018 IN I.T.A.NO.1133/CHNY/2018 ( / ASSESSMENT YEAR :2014-15) MR. REJI ABRAHAM, NO.113, JANAPRIYA CREST, PANTHEON ROAD, EGMORE, CHENNAI 600 008. VS THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1), CHENNAI 34. PAN: ADQPR6864A ( / APPLICANT) ( / RESPONDENT) / APPLICANT BY : SHRI S. SRIDHAR, ADVOCATE /RESPONDENT BY : SHRI S. VIJAYAPRABHA, JCIT /DATE OF HEARING : 22.03.2019 /DATE OF PRONOUNCEMENT : 22.03.2019 / O R D E R PER A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER: THE MISCELLANEOUS PETITION IS FILED BY THE ASSESSEE PRAYING FOR RECTIFICATION OF MISTAKE APPARENT ON RECORD BY RECALLING THE ORDER OF THE TRIBUNAL PASSED IN I.T.A. NO.1133/CHNY/2018 DATED 11.09.2018 FOR THE ASSESSMENT YEAR 2014-15. 2 MP NO.227/CHNY/2018 2. AT THE OUTSET THE LD.AR SUBMITTED BEFORE US THAT WITH RESPECT TO THE ADDITION OF RS.10,91,34,125/- MADE BY THE LD.AO INVOKING THE PROVISIONS OF SECTION 68 OF THE ACT TOWARDS CASH CREDIT FOR THE ASSESSMENT YEAR 2014-15, THE TRIBUNAL HAD OBSERVED THAT THE ASSESSEE HAS NOT FURNISHED ANY MATERIALS TO SUBSTANTIATE HIS CLAIM AND THEREAFTER HELD THE ISSUE AGAINST THE ASSESSEE WHILE AS THE ASSESSEE HAD SUBMITTED PROPER EXPLANATION IN HIS PAPER BOOK TO ESTABLISH THE GENUINENESS OF THE TRANSACTION. IT WAS THEREFORE PLEADED THAT THE ORDER OF THE TRIBUNAL MAY BE RECALLED FOR ADJUDICATING THE ISSUE OF ADDITION MADE FOR RS.10,91,34,125/- INVOKING THE PROVISIONS OF SECTION 68 OF THE ACT AFRESH IN THE LIGHT OF THE DETAILS SUBMITTED IN THE PAPER BOOK. THE LD.DR ON THE OTHER HAND COULD NOT CONTROVERT TO THE SUBMISSIONS OF THE LD.AR. 3. AFTER HEARING BOTH PARTIES, WE FIND MERIT IN THE SUBMISSIONS OF THE LD.AR. IT APPEARS THAT BY OVERSIGHT, THE PAGES REFERRED BY THE LD.AR IN THE WRITTEN SUBMISSIONS IN THE PAPER BOOK CONTAINING 1 TO 319 PAGES WAS OMITTED TO BE CONSIDERED WHILE DECIDING THE APPEAL OF THE ASSESSEE. THEREFORE, IN THE INTEREST OF JUSTICE, WE HEREBY RECALL THE ORDER OF THE TRIBUNAL FOR THE ASSESSMENT YEAR 2014-15 IN 3 MP NO.227/CHNY/2018 ORDER TO EXAMINE AND DECIDE THE ISSUE ON MERITS AFRESH WITH RESPECT TO THE ADDITION MADE FOR RS.10,91,34,125/- INVOKING THE PROVISIONS OF SECTION 68 OF THE ACT TOWARDS CASH CREDIT. 4. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND MARCH, 2019 AT CHENNAI. SD/- SD/- /CHENNAI, /DATED 22 ND MARCH, 2019 RSR . /COPY TO: 1. /APPLICANT 2. /RESPONDENT 3. ( )/CIT(A) 4. /CIT 5. /DR 6. /GF. ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( . ) (A. MOHAN ALANKAMONY) / ACCOUNTANT MEMBER