FAISAL ABBAS, V. DCIT CEN CIR 2,

MA 28/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8786 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-07-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2002-2003
• Appeal Filed On: 20-01-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V V SHASTRI
• Section: 153A

Judgement Text

, , , , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI .. , ! ' #$ %& , ' ', ( BEFORE SHRI R.S.SYAL, AM AND SHRI AMIT SHUKLA, JM )) '* ./ MA NO.28/MUM/2012 ( ,-$ . / ARISING OUT OF ITA NO.3485/MUM/2010) ( '* / '* / '* / '* / / / / / ASSESSMENT YEAR : 2002-2003) SHRI FAISAL ABBAS 405 VENUS APARTMENTS, 4 TH FLOOR NORTH MAIN ROAD, KOREGAON PARK PUNE 411 001. PAN :ACPPA6146G. THE DY.COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE 2 MUMBAI. ( ' / // / APPLICANT) * * * * / VS. ( 0123/ RESPONDENT) ' 4 44 4 5 5 5 5 / APPLICANT BY : SHRI K.GOPAL 0123 4 5 4 5 4 5 4 5 / RESPONDENT BY : SHRI V.V.SHASTRI * 4 $! / / / / DATE OF HEARING : 13.07.2012 67/ 4 $! / DATE OF PRONOUNCEMENT : 13.07.2012 ' % ' % ' % ' % / / / / O R D E R PER R.S.SYAL, AM : THIS MISCELLANEOUS APPLICATION U/S.254(2) OF THE IN COME-TAX ACT, 1961 HAS BEEN MOVED BY THE ASSESSEE PRAYING FOR THE RECT IFICATION OF THE ORDER OF THE TRIBUNAL DATED 25 TH OCTOBER, 2011 IN ITA NO.3485/MUM/2010. 2. THE LEARNED COUNSEL FOR THE ASSESSEE CONTENDED T HAT THE TRIBUNAL WAS WRONG IN CONFIRMING THE ADDITION OF ` 2,62,184 OUT OF TOTAL DISALLOWANCE OF ` 5,55,284 MADE FOR THE PURCHASE OF CAR. IT WAS ARGUE D THAT THE TRIBUNAL ERRED IN HOLDING THAT THE DRAWINGS FOR THE PURCHASE OF CAR A MOUNTING TO ` 2.62 LAKH WERE NOT BORNE OUT FROM THE FINANCIAL ACCOUNTS. IT WAS, THEREFORE, CONTENDED THAT THE MA NO.28/MUM/2012 SHRI FAISAL ABBAS. 2 ADDITION OF ` 2.62 LAKH SUSTAINED BY THE TRIBUNAL BE DELETED. IN THE OPPOSITION, THE LEARNED DEPARTMENTAL REPRESENTATIVE CONTENDED T HAT THE TRIBUNAL, AFTER CONSIDERING ALL THE RELEVANT FACTS, HAS RECORDED A FACTUAL FINDING THAT THE EXPLANATION OF THE ASSESSEE TOWARDS FINANCING THE C AR TO THE EXTENT OF ` 2.62 LAKH WAS NOT ACCEPTABLE AND HENCE THE SAME CANNOT BE REV ERSED IN THE PROCEEDINGS U/S 254(2). 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE RELEVANT MATERIAL ON RECORD WE FIND THAT THERE IS AN ELABORA TE DISCUSSION ON THIS ISSUE IN PARA NOS.2 AND 3 OF THE IMPUGNED ORDER REJECTING TH E ASSESSEES EXPLANATION ABOUT THE SOURCE OF FINANCING THE CAR TO THE EXTENT OF ` 2.62 LAKH. THERE IS NO DISPUTE THAT THE ASSESSEE DID NOT FILE ANY RETURN O F INCOME FOR THE CURRENT YEAR AND IT WAS ONLY AFTER THE SEARCH ACTION AND PURSUAN T TO NOTICE U/S 153A THAT THE ASSESSEE FILED RETURN DECLARING TOTAL INCOME OF ` 2,02,500. THE ASSESSING OFFICER FOUND THE ASSESSEE TO HAVE PURCHASED ONE MARUTI EST EEM CAR. ON BEING CALLED UPON TO EXPLAIN THE SOURCE OF THE PURCHASE OF THE C AR, THE ASSESSEE INTER ALIA STATED THAT THE SUM OF ` 2.62 WAS CONTRIBUTED BY HIM IN CASH OUT OF EARNINGS . AFTER CONSIDERING THE ASSESSEES EXPLANATION, THE B ENCH HAS REACHED A CONCLUSION THAT THE ASSESSEE COULD NOT SUBSTANTIATE HIS CLAIM ABOUT THE SOURCE OF ` 2.62 LAKH. 4. HERE IT IS RELEVANT TO MENTION THAT THE PRO CEEDINGS U/S 254(2) HAVE A LIMITED SCOPE IN RECTIFYING A MISTAKE WHICH IS APPA RENT FROM RECORD. NO PARTY CAN BE ALLOWED TO REARGUE THE MATTER IN THE GARB OF RECTIFICATION PROCEEDINGS WITH A VIEW TO IMPRESS UPON THE BENCH TO HAVE A CON TRARY VIEW FROM WHAT HAS ALREADY BEEN TAKEN. SUCH A COURSE OF ACTIONS RESULT S IN REVIEWING THE ORDER, WHICH IS NOT PERMISSIBLE. UNDER THESE CIRCUMSTANCES WE ARE OF THE CONSIDERED OPINION THAT THERE IS NO MISTAKE MUCH LESS A MISTAK E APPARENT FROM RECORD REQUIRING ANY RECTIFICATION IN THE IMPUGNED ORDER. MA NO.28/MUM/2012 SHRI FAISAL ABBAS. 3 5. 8 $9 ' 4 )) '* !8: 4 :$ ;< IN THE RESULT, THE MISCELLANEOUS APPLICATION IS DISMISSED. ORDER PRONOUNCED ON THIS 13 TH JULY, 2012. . ' % 4 67/ ='*9 7 4 > SD/- SD/- (AMIT SHUKLA) (R.S.SYAL) ' ' ' ' ' ' ' ' / JUDICIAL MEMBER ! ' ! ' ! ' ! ' / ACCOUNTANT MEMBER MUMBAI ; ='* DATED 13 TH JULY, 2012. DEVDAS* ' % 4 0'$#) ? )/$ ' % 4 0'$#) ? )/$ ' % 4 0'$#) ? )/$ ' % 4 0'$#) ? )/$/ COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPLICANT. 2. 0123 / THE RESPONDENT. 3. @ () / THE CIT(A) CENTRAL-I, MUMBAI. 4. @ / CIT 5. )C> 0'$'* , , / DR, ITAT, MUMBAI 6. >D / GUARD FILE. ' %* ' %* ' %* ' %* / BY ORDER, 1)$ 0'$ //TRUE COPY// , , , ,/ // /; : ; : ; : ; : ( DY./ASSTT. REGISTRAR) , , , , / ITAT, MUMBAI