Income Tax Appellate Tribunal - Mumbai
Assistant Commissioner Of Income Tax 32 ... vs Asha Tilakraj Sharma, Mumbai on 9 January, 2019
IN THE INCOME TAX APPELLATE TRIBUNAL "A", BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI AMARJIT SINGH, JM M.A.No.191/Mum/2018 (Arising Out of ITA No.2850/Mum/2013 (Assessment Year :2008-09) The Asst. Commissioner of Vs. Smt. Asha Tilakraj Sharma Income Tax -32(1) 603, Crystal Paradise nd 209, 2 Floor,C-10 Veera Desai Road Pratyakshkar Bhavan Andheri (W) Bandra Kurla Complex, Mumbai - 400 053 Mumbai - 400 051 PAN/GIR No.ADAPA9488R (Appellant) .. (Respondent) Revenue by Shri Rajeev K Gubgotra Assessee by None Date of Hearing 30/11/2018 Date of Pronouncement 09/01/2019 आदे श / O R D E R PER R.C.SHARMA (A.M):
This M.A. arose out of ITA No.2850/Mum/2013.
2. It was pointed out by the Revenue that Ground No.3 with regard to unexplained investment was not decided by the Tribunal, which amounts to mistake apparent from record.
3. We have considered contentions of Ld. DR and found that Ground No.3 has already been decided by the Tribunal in para No.7 & 8 which reads as under:-
2M.A No.191/Mum/2018
Ms. Asha Tilakraj Sharma
7. The A.O. has also made an addition u/s. 69 on account of unexplained investment to the extent of Rs.83,01,010/-. By the impugned order, the ld. CIT(A) after considering the remand report restricted the addition to the extent of Rs.1,89,000/-. The precise observation of the ld. CIT(A) was as under:
'Regarding unsecured loan, the A.O. has commented that relevant confirmations were filed before him except regarding loan obtained from Shahbaz amounting to Rs.1,62,444/-. No further fruitful explanation has been offered by the appellant during the appellate proceedings. Therefore, addition under the heading unsecured loan is restricted to Rs.,1,62,444/- and the balance of Rs.84,23,678/- is deleted.'
8. It is clear from the remand report that except the loan obtained from Shahbaz, amounting to Rs.1,62,444/-, the A.O. was satisfied. Accordingly, the CIT(A) has deleted addition made u/s.69 except loan from Shahbaz amounting to Rs.1,62,444/-. Accordingly, we do not find any infirmity in the order of the ld.
CIT(A) for upholding the addition u/s. 69 to the extent of Rs.1,62,444/-.
4. In view of the above, there is no mistake, much less an apparent mistake in the order of the Tribunal.
5. In the result, MA filed by the Revenue is dismissed.
Order pronounced in the open court on this 09/01/2019
Sd/- Sd/-
(AMARJIT SINGH) (R.C.SHARMA)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Mumbai; Dated 09/01/2019
Karuna Sr.PS
Copy of the Order forwarded to :
1. The Appellant
2. The Respondent.
3. The CIT(A), Mumbai.
4. CIT
DR, ITAT, Mumbai
5.
BY ORDER,
6. Guard file.
सत्यापित प्रतत //True Copy//
(Asstt. Registrar)
ITAT, Mumbai