Varsha V Jadhav, Bangalore V. Asst. CIT Circle - 7(1), Bangalore

MA 40/BANG/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 9475 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-09-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 08-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V S CHAKRA
• Assessee Lawyers: REEHARI KUTSA
• Keywords: Gift
• Section: 143(2); 254(2); 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND S HRI A K GARODIA , ACCOUNTANT MEMBE R MP NO.40/BANG/2019 [ IN ITA NO. 1611/BANG/201 4 ] ASSESSMENT YEAR : 200 4 - 05 SMT. VARSHA V. JADHAV NO.126/1, ADARSH PALM MEADOWS, WHITE FIELD ROAD, BENGALURU 560 066. PAN: ACPPJ 8430J VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 7(1), BANGALORE. APP L IC ANT RESPONDENT APP L IC ANT BY : SHRI SH REEHARI KUTSA, CA RESPONDENT BY : SHRI V.S. CHAKRAPAN I , ADDL. CIT(DR ), ITAT, BANGALORE. DATE O F HEARING : 27 .09.2019 DATE OF PRONOUNCEMENT : 27 .09.2019 O R D E R PER N V VASUDEVAN, VICE PRESIDENT THIS IS A MISCELLANEOUS PETITION FILED BY THE ASSESSEE U/S. 254(2) OF THE INCOME-TAX ACT, 1961 [THE ACT] PRAYING THAT T HE ORDER OF TRIBUNAL SUFFERS FROM AN APPARENT MISTAKE AND NEEDS TO BE RE CTIFIED. 2. IN THE ABOVE APPEAL, THE ASSESSEE HAS CHALLENGE D THE ORDER OF CIT(APPEALS) CONFIRMING THE ORDER OF AO MAKING AN A DDITION OF RS.13 LAKHS ON ACCOUNT OF GIFTS RECEIVED BY THE ASSESSEE TREATI NG THEM AS UNEXPLAINED U/S. 68 OF THE ACT AND ALSO DISALLOWING BROKERAGE E XPENSES. IN GROUND NO.2, THE ASSESSEE HAS ALSO CHALLENGED THE VALIDITY OF THE ORDER OF MP NO.40/BANG/2019 PAGE 2 OF 3 ASSESSMENT ON THE GROUND THAT NOTICE U/S. 143(2) OF THE ACT HAD NOT BEEN ISSUED WITHIN THE TIME LIMIT CONTEMPLATED BY THOSE PROVISIONS AND THEREFORE THE ORDER OF ASSESSMENT IS INVALID AND LIABLE TO BE ANNULLED. 3. THE TRIBUNAL IN ITS ORDER DATED 14.09.2018 PASSE D IN THE ABOVE APPEAL ADJUDICATED THE GROUNDS WITH REGARD TO ADDIT ION U/S. 68 OF THE ACT OBSERVING THAT IT WAS THE ONLY GROUND THAT WAS AGIT ATED BEFORE THE TRIBUNAL. IN THIS MISCELLANEOUS PETITION, IT HAS BEEN POINTED OUT THAT GROUND NO.2 WAS ARGUED AT THE TIME OF HEARING. 4. WE HAVE CONSIDERED THE SUBMISSION AND WE FIND TH AT GROUND NOS.8 & 9 OF THE GROUNDS OF APPEAL ALONE WERE NOT PRESSED AT THE TIME OF HEARING OF APPEAL AND THEREFORE THERE IS AN OMISSION ON THE PART OF TRIBUNAL TO ADJUDICATE GROUND NO.2 RAISED BY THE ASSESSEE. WE THEREFORE RECALL THE ORDER OF TRIBUNAL FOR THE LIMITED PURPOSE OF ADJUDI CATION OF GROUND NO.2 RAISED BY THE ASSESSEE IN THE APPEAL. 5. IN THE RESULT, THE MISCELLANEOUS PETITION IS ALL OWED TO THE EXTENT INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON THIS 27 TH DAY OF SEPTEMBER, 2019. SD/- SD/- ( A K GAR ODIA ) ( N V VASUDEVAN ) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DATED, THE 27 TH SEPTEMBER, 2019. / D ESAI S MURTHY / MP NO.40/BANG/2019 PAGE 3 OF 3 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, I T AT, BANGALORE. 6. GUARD FIL E BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.