9911796707
TMI Blog2024 (5) TMI 391X X X X Extracts X X X X X X X X Extracts X X X X ..... earned CIT(A) on this issue. This observation is categorical finding with regard to the fact that findings of learned CIT(A) qua the unexplained cash additionin para 5.5 remains untouched. This finding being not challenged by the Revenue and being not adverse to the assessee, was certainly not required to be determined in the appeal of the assessee. Merely because there was a ground mentioning composite figure of Rs. 2,37,08,076/-, it cannot be said that the coordinate Bench had adjudicated upon the issue of unexplained cash also. Thus, order of learned CIT(A) in dismissing the application u/s 154 of the Act is not justified. Accordingly, the appeal is allowed and the issue on merit is restored to the file of learned CIT(A) to decide the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the ground of addition of unexplained cash, learned CIT(A) had observed as follows: 5.5 Looking at the above stated evidences, it is evident that the appellant was given cash of more than Rs. 66 lakhs by the above said two companies and as stated above, cash withdrawals of Rs. 16.70 lakhs were made from ING Bank. It is my considered opinion that this (total) cash amount is sufficient to explain the amount of seized cash and household expenses in the F.Y., till the date of search. 5. Further, in para 5.6 to 5.9 the learned CIT(A) had discussed the ground of addition of jewellery and subsequently in para 5.10 had made following observations: 5.10 In view of the above discussion, this ground (no. 3) of appeal is dismissed and consequently ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) u/s 154 of the Act. We consider it appropriate to reproduce the contents of application herein below: 15th November, 2022 The Commissioner of Income Tax (Appeal-24), E-2 ARA Centre, Jhandewalan Extension New Delhi-110055 Re: Shri Surpreet Singh Suri 192 - B Sainik Farms, Khanpur New Delhi-110062 PAN: AOHPS9046K Appeal No. 53/16-17 for Assessment year: 2014-15 against order u/s 143(3) of I.T. Act of I.T. Act Sub.: Application u/s 154 of I.T. Act rectification of mistake apparent from the record Sir, It is submitted that your honour had decided the above appeal vide order dated 31/8 / 2018 as per copy enclosed at pages 1 - 44 Ground No. 3 as raised was against an addition of Rs. 2,37,08,076/- which comprised of unexplained cash found during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1.T. Act dated 03/10/2018 was filed before your honour as per copy enclosed at page 45. However, such rectification was not made since the Assessee had also raised this issue in the appeal as filed before ITAT. ITAT decided the quantum appeal (ITA No.6536/Del/2018) vide its order dated 24/09/2019. ITAT vide its recent order dated 29/8 / 2022 in Misc. Application No. 844/Del/2019 (copy enclosed at pages 46-47) has clarified this issue as under: The assessee pleaded that the Bench has inadvertently missed out recording of a specific finding with regard to deletion of addition of Rs. 26,75,000/- on account of unexplained cash based on the findings of Id. C / T * (A) as recorded vide para 5.5, which were final and had not be challenged by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n by the Tribunal. 11. Learned DR though supported the order of learned CIT(A). Learned AR submitted that after making specific observations in para 5.5 with regard to unexplained cash and that the coordinate Bench has not decided the issue and further clarified in the misc. application order that it has not disputed the findings of learned CIT(A) on the issue, therefore, learned CIT(A) should have exercised its power of rectification. 12. After giving thoughtful consideration to the aforesaid sequence of events and after going thoroughly through the material before us, we are of the considered view that learned CIT(A) while passing the impugned order seems to have narrowed its vision on the basis of mere fact that since assessee had taken ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
