MR. MAHENDRA MOHINIRAJ GANDHE,AHMEDNAGAR V. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE , AHMEDNAGAR

MA 115/PUN/2023

AI Insights

This case involves a Miscellaneous Application filed by the Assessee, Mr. Mahendra Mohiniraj Gandhe, against the Tribunal's earlier order in ITA No.413/PUN/2020, which pertained to the Assessment Year 2016-17. The Assessee contended that a ground concerning the addition of Rs.10,00,000 as income from an unsecured loan/deposit was not adjudicated in the original Tribunal order, despite being included in the grounds of appeal. The Tribunal acknowledged the oversight and decided to recall the earlier order to specifically address this ground.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 29517 (ITAT-PUNE)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-02-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2016-2017
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARVIND DESAI
• Assessee Lawyers: HARI KRISHAN
• Section: 68

Judgement Text

" आयकर अपीलीय अिधकरण ”ए” Ɋायपीठ पुणेमŐ। IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “A” :: PUNE BEFORE MS.ASTHA CHANDRA, JUDICIAL MEMBER AND DR.DIPAK P. RIPOTE, ACCOUNTANT MEMBER Miscellaneous Application No.115/PUN/2023 (arising out of ITA No.413/PUN/2020) िनधाᭅरणवषᭅ / Assessment Year: 2016-17 Mr.Mahendra Mohiniraj Gandhe, 270/31, Manish, Prof. Colony, Savedi Road, Ahmednagar – 414003. PAN: AAYPG2983J V s The Assistant Commissioner of Income Tax, Circle, Ahmednagar. Appellant / Assessee Respondent / Revenue Assessee by Shri Hari Krishan – AR Revenue by Shri Arvind Desai – Addl.CIT(DR) Date of hearing 10/01/2025 Date of pronouncement 07/02/2025 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This is a Miscellaneous Application filed by the Assessee against the Tribunal Order in ITA No.413/PUN/2020, dated 23.12.2022 for A.Y.2016-17. MA No.115/PUN/2023 [R] 2 2. The Assessee has raised the ground in the Miscellaneous Application that following ground has not been adjudicated by the Hon’ble Tribunal : “3.1 The Ld.Commissioner of Income Tax(Appeals) has erred in upholding the addition of Rs.10,00,000/- as income of the Assessment Year 2016-17 u/s 68 of the Income Tax Act, on account of unsecured loan/deposit received by the assessee from Mr.R.B.Kokane in the Financial year 2010-11, which was carried forward as opening balance as on 01-04-2015.” 3. The ld.AR for the Assessee took us through the Tribunal Order in ITA No.413/PUN/2020 dated 23.12.2022 wherein the impugned ground has been reproduced by the ITAT as Ground No.5. Ld.AR explained that this ground was argued, however, ITAT erred in not deciding the said ground. Ld.AR took us through the order of ld.CIT(A) to demonstrate that said ground was also taken before the ld.CIT(A) as Ground No.2 which is appearing on the page no.2 of the ld.CIT(A)’s order. Ld.AR MA No.115/PUN/2023 [R] 3 also demonstrated that the facts pertaining to the said ground are recorded in the ld.CIT(A)’s order. 3.1 Ld.Departmental Representative(ld.DR) for the Revenue accepted the fact. Findings & Analysis : 4. We have heard both the parties and perused the records. We have noted that inadvertently following ground raised by assessee remain to be adjudicated. “5. The Ld. Commissioner of Income Tax (Appeals) has erred in upholding the addition of Rs.10,00,000/- as income of the Assessment Year 2016-17 u/s 68 of the Income Tax Act, on account of unsecure loan/deposit received by the assessee from Mr. R.B. Kakane in the Financial Year 2010-11, which was carried forward as opening balance as on 01-04-2015.” 4.1 ITAT in the Grounds of Appeal has reproduced the said ground, but failed to adjudicate it. MA No.115/PUN/2023 [R] 4 5. This is a mistake apparent from record. As per Section 254(2), Tribunal has powers to rectify the mistakes apparent from record in its order. In these facts and circumstances of the case, we recall the order of ITAT in ITA No.413/PUN/2020, dated 23.12.2022 for A.Y.2016-17, only to the limited extent of adjudicating the Ground raised by assessee which we have mentioned above. Accordingly, registry is directed to fix the appeal for hearing and inform both the parties. Accordingly, ground raised by the Assessee is allowed. 6. In the result, Miscellaneous Application of the Assessee is allowed. Order pronounced in the open Court on 7th February, 2025. Sd/- Sd/- (ASTHA CHANDRA) (DR. DIPAK P. RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 7th Feb, 2025/ SGR* MA No.115/PUN/2023 [R] 5 आदेशकᳱᮧितिलिपअᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A), concerned. 4. The Pr. CIT, concerned. 5. िवभागीयᮧितिनिध, आयकर अपीलीय अिधकरण, “ए” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune. 6. गाडᭅफ़ाइल / Guard File. आदेशानुसार / BY ORDER, // TRUE COPY // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे/ITAT, Pune. "