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2023 (6) TMI 772 - HC - Income TaxAddition u/s 68 - unexplained cash credit entries found in the books of accounts - scope of miscellaneous application - assessee had earned income only from interest and agriculture and, therefore, did not maintain books of accounts, in the regular course - As submitted by assessee that this plea taken by the appellant/assessee was accepted by the Tribunal in the appeal concerning AY 2010-11 in miscellaneous application - HELD THAT - Fundamental basis for moving the miscellaneous application was the misalignment in the two orders passed on merits by the Tribunal, concerning the addition qua which the appellant/assessee had expressed a grievance. We have also queried for the appellant/assessee as to when the aforementioned miscellaneous application was filed before the Tribunal who affirms that the aforementioned miscellaneous application was filed on 31.12.2018. The order dated 12.01.2023 deals with only the aspect concerning the absence of the error apparent on record, vis- -vis the order on merits dated 23.08.2018. Tribunal is required to deal with the order on merits 2019 (1) TMI 264 - ITAT DELHI passed by it qua AY 2010-11. We are inclined to set aside the order 2023 (1) TMI 1262 - ITAT DELHI passed by the Tribunal in the miscellaneous application. The miscellaneous application is restored to its original number and position.
Issues involved:
The judgment concerns the appeal challenging the addition made by the Assessing Officer under Section 68 of the Income Tax Act, 1961 for Assessment Year (AY) 2009-10. The appellant/assessee argues that the addition is not sustainable as they had earned income only from interest and agriculture and did not maintain regular books of accounts. Details of the Judgment: The appellant/assessee raised a singular grievance regarding the addition of Rs.1,29,15,000 made by the Assessing Officer under Section 68 of the Income Tax Act, 1961. They contended that as they earned income only from interest and agriculture, they did not maintain books of accounts regularly. The appellant/assessee argued that the addition under Section 68, which pertains to unexplained cash credit entries in the books of accounts, is not tenable. The counsel for the appellant/assessee highlighted that a similar plea was accepted by the Tribunal in the appeal for AY 2010-11. They pointed out that this aspect was brought to the notice of the Tribunal through a miscellaneous application, which was subsequently dismissed. The counsel emphasized the misalignment in the two orders passed by the Tribunal concerning the addition that the appellant/assessee had raised a grievance about. The Tribunal's order dated 12.01.2023 dealt only with the absence of an apparent error on record regarding the order on merits dated 23.08.2018. The High Court, in its view, directed the Tribunal to address the order on merits dated 05.12.2018 passed by it for AY 2010-11. Consequently, the High Court set aside the order dated 12.01.2023 and restored the miscellaneous application to its original status for further consideration. The High Court instructed the Tribunal to conduct a hearing with the parties or their representatives to determine whether the order dated 23.08.2018 needs to be recalled. The appeal was disposed of based on these terms, with the parties instructed to act upon the digitally signed copy of the order.
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