9911796707
TMI Blog2021 (5) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... on is that the Tribunal has allowed the appeal in favour of the assessee to extent of peak balance contested in serial no.1, 3 & 4 (vide table of peak balance, given in para no.5 of the Tribunal order), wherein the total sum of peak balance for bank accounts came to Rs. 22,57,654/-. The para no.5 of the Tribunal's order in IT(SS)A No.159/AHD/2011 for AY.2006-07 order dated 19.09.2014, is reproduced below for ready reference: "5. Similarly, In ITA(SS) No. 159/Ahd/2011 the brief facts of the case are that the Assessing Officer observed that the assessee Smt. Geetaben N. Kapadia has received investment in her accounts with Centurion Bank Ltd., Surat as under: A/c No. Financial Year Peak Balance 0041-097733-020 2005-06 10,01,000 00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Commissioner of Income Tax (Appeals) in respect of the addition of Rs. 2,02,067/-. Thus, the appeal in the case of Shri Amit N. Kapadia is allowed and the appeal in the case of Smt. Geetaben N. Kapadia is partly allowed." 4. Therefore, Learned Counsel for the assessee submitted that against the original peak balance of Rs. 2,02,067/- of bank account of Serial No.2 of the above table given in para no.2 of this order, only the same was considered by the Assessing Officer while making the addition in the assessment order, however the same has never been contested before the Tribunal, therefore addition made by the Tribunal on account of peak credit of the said bank at Rs. 2,02,067/- may be deleted. 5. On the other hand, Ms Anupama Singhla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... object is to adjudicate the investment made in the impugned bank accounts. Therefore, the Tribunal as a fact finding authority noted that there was a mistake committed by the Assessing Officer in making the total of these figures. Total sum of these figures comes to Rs. 22,57,654/-whereas if we exclude the figure of Rs. 2,02,067/-, the total of remaining three figures comes to Rs. 20,55,587 (22,57,654 - 2,02,067). However, the Assessing Officer computed the total amount of the four figures at Rs. 20,57,654/-, thus Assessing Officer has committed the mistake while doing totaling of these four figures. We note that said amount of Rs. 2,02,067/- was also adjudicated by the Assessing Officer included in his wrong totaling of Rs. 20,57,654/-. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
