9911796707
TMI Blog2012 (12) TMI 214X X X X Extracts X X X X X X X X Extracts X X X X ..... -8, Anand Niketan, New Delhi. On the basis of the evidence gathered during the search, a notice was issued under Section 158BC of the Act calling upon the petitioner to file a return of the undisclosed income. The petitioner filed a return showing undisclosed income of Rs. Nil. In the course of the assessment proceedings the Assessing Officer examined the seized material in the light of the return filed by the petitioner and eventually passed an assessment order for the block period 1.4.1997 to 13.5.2003 on 31.5.2005 under Section 158BC, determining the total undisclosed income at Rs.7,27,400/- and raised a demand of tax accordingly. 4. An appeal was preferred by the petitioner to the CIT(Appeals) questioning the various additions made in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal, the addition was confirmed only on account of a difference between the numbers in the fixed deposit receipts as inventorised in the panchnama and the numbers appearing in the supporting documents. It was pointed out that in fact there was no difference or discrepancy between the numbers noted in the panchnama and the numbers noted in the supporting documents and it was explained that the number noted in the panchnama is the printed serial number of stationery/machine number of the FDR, whereas the number mentioned in the supporting documents placed in the paper book filed before the Tribunal was the fixed deposit number assigned by the bank to the fixed deposit receipt. In support of the application made under Section 254(2), the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication filed by the assessee under sec. 254(2) of the Act. The impugned Tribunal order is dated 30.11.2010 but the hearing was concluded by the Tribunal on 15.11.2010 whereas the certificated of Canara Bank is dated 24.11.2010 i.e. after the conclusion of hearing and hence, on the basis of this certificate from Bank, it cannot be accepted that there is any apparent mistake in the impugned order of Tribunal Regarding the second FD of Punjab National Bank, the assessee has submitted before us during Misc. Application proceedings, a photocopy of the FD in question of Rs. 75,000/-. Even this was not submitted by the assessee in the course of hearing of appeal before us. It is admitted position that before the Tribunal, the Ld. DR of the reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, even after due diligence and enquiry, been aware of the discrepancy and once he came to know of the same on receipt of the order of the Tribunal, he took steps to obtain the necessary certificates from the bank and produced them before the Tribunal along with the application for modification of the order of the Tribunal. It was further submitted that no prejudice would be caused to the Revenue if the certificates are directed to be examined by the Assessing Officer and a fresh decision be taken in the interest of justice. 8. We find merit in the contention of the learned counsel for the petitioner. Mr. Sahney, the learned Senior Standing Counsel for the Revenue fairly stated that he would have no objection if the matter relating to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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