Sri. S.P.Hombanna, Bengaluru V. Income Tax Officer, Ward-9(2), Bengaluru

MA 50/BANG/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6859 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 26-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S V RAVISHANKAR

Judgement Text

MP.50/BANG/2018 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU BENCH 'C', BENGALURU BEFORE SHRI. JASON P. BOAZ, ACCOUNTANT MEMBER AND SHRI. LALIET KUMAR, JUDICIAL MEMBER MISC. PETITION NO.50/BANG/2018 (IN I.T.A NO.708/BANG/2014) (ASSESSMENT YEAR : 2009-10) SHRI. S. P. HOMBANNA, SOUNDARYA CONSTRUCTIONS, 327, 12 TH A MAIN, 6 TH BLOCK, RAJAJINAGARA, BENGALURU 560 010 .. APPELLANT PAN : AAPPH4837H V. INCOME-TAX OFFICER, WARD 9(2), BENGALURU .. RESPONDENT ASSESSEE BY : SHRI. S. V RAVISHANKAR, ADVOCATE REVENUE BY : DR. P. V. PRADEEP KUMAR, ADDL. CIT HEARD ON : 29.06.2018 PRONOUNCED ON : .07.2018 O R D E R PER LALIET KUMAR, JUDICIAL MEMBER : THIS MISCELLANEOUS PETITION IS FILED BY THE ASSESS EE SEEKING RECTIFICATION OF THE MISTAKES THAT HAVE CREPT IN TH E ORDER OF THE TRIBUNAL DT.02.11.2017. MP.50/BANG/2018 PAGE - 2 02. THE LD. AR FOR THE ASSESSEE HAS POINTED OUT THA T THE TRIBUNAL WHILE DECIDING THE APPEAL HAS NOT DECIDED THE GROUN DS 3, 4, 5 AND 6, WHICH PERTAINS TO THE ADDITION U/S.68 OF RS.36,10,0 00/-, HOWEVER TRIBUNAL HAS DECIDED THE OTHER GROUNDS PERTAINING T O DISALLOWANCE OF INTEREST OF RS.9,87,295/- AND ADDITION OF RS.32,00, 000/-. THE LD. DR FAIRLY SUBMITTED THAT IN FACT THE TRIBUNAL HAD N OT ADJUDICATED THE SAID GROUNDS ABOUT THE CASH DEPOSIT OF RS.36,10,000 /-. FURTHER IT WAS POINTED OUT THAT IN PARA 5 OF THE ORDER IN THE TABULATION, INSTEAD OF RS.32 LAKHS THE TRIBUNAL HAS WRONGLY MENTIONED T HE TOTAL AS RS.12 LAKHS. 03. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. IN OUR VIEW, THERE IS AN APPARENT MISTAKE CREPT INT O PARA 5, WHERE INSTEAD OF RS.32 LAKHS, THE TOTAL HAS BEEN MENTIONE D AS RS.12 LAKHS. THE MISTAKE IS NOW RECTIFIED. THE AMOUNT IN THE TO TAL COLUMN IN PARA 5 WILL NOW BE READ AS RS.32 LAKHS INSTEAD OF R S 12,00,000/-. 04. WITH RESPECT TO THE NON-ADJUDICATION OF GROUNDS 3, 4, 5 AND 6, WHICH PERTAINS TO THE ADDITION U/S.68 OF RS.36,10,0 00/-, WE ARE CONVINCED THAT THESE GROUNDS HAVE NOT BEEN ADJUDICA TED BY THE TRIBUNAL AND THERE IS AN APPARENT MISTAKE IN THIS R EGARD. THEREFORE, WE DEED IT APPROPRIATE TO RECALL THE ORDER OF THE T RIBUNAL DT.02.11.2017, FOR THE LIMITED PURPOSE OF ADJUDICAT ING THE GROUND NOS.3 TO 6 IN ACCORDANCE WITH LAW PERTAINING TO THE CASH DEPOSIT OF RS.36,10,000/-. LET THE APPEAL BE POSTED FOR HEARING IN DUE COURSE OF TIME. PARTIES BE INFORMED. MP.50/BANG/2018 PAGE - 3 05. IN THE RESULT, MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND DAY OF JULY, 2018. SD/- SD/- (JASON P. BOAZ) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER BENGALURU DATED : 02.07.2018 MCN* COPY TO: 1. THE ASSESSEE 2. THE ASSESSING OFFICER 3. THE COMMISSIONER OF INCOME-TAX 4. COMMISSIONER OF INCOME-TAX(A) 5. DR 6. GF, ITAT, BANGALORE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.