Lakshmaiah Gunuputi, Bhimavaram V. ACIT Central Circle-2, Rajahmundary

MA 38/VIZ/2023

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 3842 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 8 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-02-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Next Hearing Date: 08-02-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 08-06-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: APARNA VILLURI
• Section: 69

Judgement Text

आयकर अपीलȣयअͬधकरण, ͪवशाखापटणम पीठ, ͪवशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM Įी दुåवूǽ आर एल रेɬडी, ÛयाǓयक सदèय एवं Įी एस बालाकृçणन, लेखा सदèय के सम¢ BEFORE SHRI DUVVURU RL REDDY, HON’BLE JUDICIAL MEMBER & SHRI S BALAKRISHNAN, HON’BLE ACCOUNTANT MEMBER (Through Hybrid Hearing) M.A. No. 38/Viz/2023 (In आयकर अपील सं./ I.T.A. No.55/Viz/2022) (Ǔनधा[रण वष[ / Assessment Year :2018-19) Lakshmaiah Gunuputi, Bhimavaram, W.G. Dist, Andhra Pradesh. PAN: ABKPG 1084 H Vs. Asst. Commissioner of Income Tax, Central Circle-2 Rajahmundry, E.G. Dist., Andhra Pradesh. (अपीलाथȸ/ Appellant) (Ĥ×यथȸ/ Respondent) अपीलाथȸ कȧ ओर से/ Appellant by : Sri Sashank Dundu Ĥ×याथȸ कȧ ओर से / Respondent by : Dr. Aparna Villuri, Sr. AR सुनवाई कȧ तारȣख / Date of Hearing : 09/02/2024 घोषणा कȧ तारȣख/Date of Pronouncement : 15/02/2024 O R D E R PER S. BALAKRISHNAN, Accountant Member : This Miscellaneous Application is filed by the assessee seeking rectification of the order Tribunal dated 28/02/2023 in I.T.A. No.55/Viz/2022 for the AY 2018-19. 2 2. At the outset, the Ld. AR submitted that there is an inadvertent error in the order of the Tribunal dated 28/02/2023 with respect to Ground No.3 of the original grounds of appeal while considering the amount of Rs. 78,163/- as unexplained investment U/s. 69 r.w.s 115BBE of the Act. The Ld. AR argued that since this amount has been recorded in the books of account as detailed in para-2 of the Assessment Order, no addition can be made U/s. 69 of the Act. He therefore pleaded that the Ld. AO has erroneously made an addition U/s. 69 which deserves to be deleted. On the other hand, the Ld. DR relied on the order of the Tribunal. 3. We have heard both the sides and perused the material available on record as well as the order of the Tribunal. We find from the assessment order vide para 2 the Ld. AO has mentioned the availability of cash balance as per the books of account as on 2/11/2017 amounting to Rs. 1,02,886/- whereas the physical cash balance was Rs. 24,723/-. Since this amount has been recorded in the books of account, no addition can be made U/s. 69 of the Act. To this extent, we find that an inadvertent error has crept in the order of the Tribunal while confirming the decision of the Ld. CIT(A) by confirming the addition U/s. 69 r.w.s 115BBE of the Act. Therefore, considering the submissions made by the Ld. AR, we are of the view that no addition can be made U/s. 69 of the 3 Act when the amount have been recorded in the books of account of the assessee which was also not disputed by the Ld. Revenue Authorities. We therefore direct the Ld. AO to delete the addition of Rs. 78,163/- made U/s. 69 of the Act. Accordingly, this ground raised by the assessee in the MA is allowed. 4. The Ld. AR also raised another ground regarding the non- mentioning of DIN Number in the assessment order and pleaded that as per the various judicial pronouncements, non-mentioning of the DIN No. in the assessment order renders the assessment order void-ab-initio and therefore pleaded that the assessment order be quashed. The Ld. DR relied on the order of the Tribunal. 5. We have heard both the sides and perused the material available on record as well as the orders of the Revenue Authorities and the order of the Tribunal dated 28/02/2023 (supra). We find from the records that the assessee has not raised this ground while filing the original appeal. We therefore are of the considered view that since this ground has not been raised in the original appeal, we find that there is no mistake apparent on record in the order of the Tribunal and therefore the fresh ground raised by the assessee through this MA cannot be entertained. Accordingly, this ground raised by the assessee is dismissed. 4 6. In the result, MA filed by the assessee is partly allowed as indicated herein above. Pronounced in the open Court on the 15 th February, 2024. Sd/- Sd/- (दुåवूǽ आर.एल रेɬडी) (एस बालाकृçणन) (DUVVURU RL REDDY) (S.BALAKRISHNAN) ÛयाǓयकसदèय/JUDICIAL MEMBER लेखा सदèय/ACCOUNTANT MEMBER Dated :15.02.2024 OKK - SPS आदेश कȧ ĤǓतͧलͪप अĒेͪषत/Copy of the order forwarded to:- 1. Ǔनधा[ǐरती/ The Assessee – Lakshmaiah Gnuputi, 19-9-3/3, Bank Colony, Near Water Tank, Bhimavaram-534201, WG Dist, Andhra Pradesh – 534201. 2. राजèव/The Revenue – Asst. Commissioner of Income Tax, Central Circle-2, Aayakar Bhavan, Rajahmundry, EG Dist., Andhra Pradwesh-533101. 3. The Principal Commissioner of Income Tax 4. आयकर आयुÈत (अपील)/ The Commissioner of Income Tax (Appeals) 5. ͪवभागीय ĤǓतǓनͬध, आयकर अपीलȣय अͬधकरण, ͪवशाखापटणम/ DR, ITAT, Visakhapatnam 6. गाड[ फ़ाईल / Guard file आदेशानुसार / BY ORDER Sr. Private Secretary ITAT, Visakhapatnam