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2021 (2) TMI 212 - AT - Income TaxRectification of mistake - Unaccounted receipts - unexplained cash receipts being amounts received by assessee from Runwal Developers Pvt. Ltd. - CIT(A) restricting the addition by applying gross profit rate of 16% on alleged unaccounted receipt as alleged unaccounted profit earned by the appellant - HELD THAT:- We find that the ld. AR placed on record the copy of the Tribunal order in the case of Runwal Developers Pvt. Ltd, for A.Y.2015-16 [2020 (11) TMI 448 - ITAT MUMBAI.]. Tribunal while disposing off the appeal in the case of Runwal Developers Pvt. Ltd. had ultimately remanded the issue to the file of the ld. AO for the purpose of quantification of undisclosed income on the basis of incriminating materials / evidences and examine the availability of cash in the group as a whole. Revenue had preferred this Miscellaneous Application on 20/08/2020, on which date the order of the Tribunal in the case of Runwal Developers Pvt. Ltd., had already been passed and the prayer of the revenue that, appeal in the case of Runwal Developers Pvt. Ltd., had not attained finality is found to be factually incorrect. Hence, we hold that the prayer of the revenue does not fall within the ambit of any mistake apparent from record within the meaning of Section 254(2).Miscellaneous Application of the Revenue is dismissed.
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