Rangachari Surendhiran, Salem V. ITO Ward 1(2), Salem

MA 94/CHNY/2023

AI Insights

The case revolves around a miscellaneous application by the assessee, Shri Rangachari Surendhiran, who sought rectification of the Tribunal's earlier order regarding the inclusion of a specific bank account in his taxable assets. The bank account in question was jointly held with his father, Shri B. Rangachari, and the assessee argued that it should not be included in his taxable income as it was addressed in his father's assessment. The Tribunal, however, found that the issue had been adequately considered in the previous ruling and dismissed the application, affirming that there was no apparent mistake in the record.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134796 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 07-09-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 25-04-2023
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Rectification of order; Peak credit

Judgement Text

आयकर अपीलीय अिधकरण, ‘ए’ ᭠यायपीठ, चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI ᮰ी महावीर ᳲसह, उपा᭟यᭃ एवं ᮰ी मनोज कुमार अᮕवाल, लेखा सद᭭य के समᭃ BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER िविवध यािचका सं / M.A. No.94/CHNY/2023 (arising in I.T.A. No. 1314/CHNY/2019) िनधाᭅरण वषᭅ / Assessment Year : 2015-16 Shri Rangachari Surendhiran, No.111, Manickam Pillai Street, Shevapet, Salem – 636 002. PAN: BCJPS 1564F Vs. The Income Tax Officer, Ward 1(2), Salem (अपीलाथᱮ / Applicant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से /Applicant by : Shri T. Vasudevan, Advocate ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Shri AR.V. Sreenivasan, Addl.CIT सुनवाई कᳱ तारीख/ Date of hearing : 08.09.2023 घोषणा कᳱ तारीख /Date of Pronouncement : 08.09.2023 आदेश /O R D E R PER MAHAVIR SINGH, VICE PRESIDENT: By way of this Miscellaneous Application, the assessee has requested for rectification of mistake apparent from record in the order of the Tribunal in ITA No. 1314/CHNY/2019 dated 19.10.2022. 2 M.A No.94/CHNY/2023 2. The ld.counsel for the assessee stated that the Tribunal has not adjudicated the Ground No.5 that the bank account No.914010038527116 with Axis Bank is not includable in the hands of the assessee as this bank account belongs to assessee’s father Shri B. Rangachari and stands explained in his father’s assessment. The ld.counsel also stated Ground No.7 is not adjudicated that the peak credit has to be arrived at considering all the bank accounts together. 3. When a query was put to ld.counsel for the assessee whether this bank account is joint bank account or individual bank account, he admitted that this is joint bank account of the assessee with that of the father and any evidence is produced during the course of hearing that this account is disclosed in assessee’s father assessment including all the deposits i.e., cash deposits made. The ld.counsel could not produce any evidence before us even now that the same was placed during the course of hearing of appeal. The CIT(A) noted, has considered this bank account because assessee is one of the account holder with his 3 M.A No.94/CHNY/2023 father. We find no mistake apparent from record in the order of Tribunal and hence, we dismiss this miscellaneous application. 4. In the result, the miscellaneous application of the assessee is dismissed. Order pronounced in the open court on 8 th September, 2023 at Chennai Sd/- Sd/- (मनोज कुमार अᮕवाल) (MANOJ KUMAR AGGARWAL) लेखा सद᭭य /ACCOUNTANT MEMBER (महावीर ᳲसह ) (MAHAVIR SINGH) उपा᭟यᭃ /VICE PRESIDENT चे᳖ई/Chennai, ᳰदनांक/Dated, the 8 th September, 2023 RSR आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy to: 1. अपीलाथᱮ/Applicant 2. ᮧ᭜यथᱮ/Respondent 3. आयकर आयुᲦ /CIT 4. िवभागीय ᮧितिनिध/DR 5. गाडᭅ फाईल/GF.