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2021 (5) TMI 686 - AT - Income TaxRectification of mistake - Addition of peak balance - HELD THAT:- Peak balance of the said bank account number has not been discussed by the ld. CIT(A) in his order. On further appeal, the Tribunal has adjudicated the fact which is being generated from the assessment order. Since the 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. Tribunal is a fact finding authority and when the Tribunal came to know this fact that the amount of ₹ 2,02,067/- has escaped in the total sum computed by the Assessing Officer, the addition was made by Tribunal. We note that the ld. CIT(A) did not take any effort to make the total of these four figures of these four bank accounts and only adjudicate the sum of total determined by the Assessing Officer at ₹ 20,57,654/-. The real fact is that sum of these four figures comes to ₹ 22,57,654/- whereas Assessing Officer has taken wrongly at ₹ 20,57,654/-, hence the said issue was therefore before the Assessing Officer as well as ld. CIT(A). Therefore, we note that Tribunal is right in adjudicating the issue of the peak amount of ₹ 2,02,067/-, hence we do not find any error in the order of the Tribunal. This mistake was committed by the Assessing Officer while doing totaling of these figures at ₹ 20,57,654/- and the (correct total comes at ₹ 22,57,654/-) said mistake was carried forward up to CIT(A) and then before this Tribunal. Therefore, the contention of ld. Counsel that the issue of the peak amount of ₹ 2,02,067/- was not before this Tribunal, is not acceptable; hence we dismiss the Miscellaneous Application filed by the assessee.
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