Tribunal Upholds Inclusion of Addition in Assessment Year 2006-07

The Tribunal dismissed the Miscellaneous Application filed by the assessee for the Assessment Year 2006-07, affirming the decision to include the addition of Rs. 2,02,067 as part of the total sum considered in the Tribunal's order dated 19.09.2014. The Tribunal clarified that the error in totaling figures was not a mistake apparent from the record but stemmed from the Assessing Officer's miscalculation, and the issue of the peak amount was indeed before the Tribunal, leading to the rejection of the assessee's application.

---

---

Issues:
1. Whether a mistake apparent from the record within the meaning of section 254(2) of the Income Tax Act, 1961 has crept in the order of the Tribunal dated 19.09.2014.

Analysis:
1. The assessee contended that the Tribunal allowed the appeal in favor of the assessee to the extent of the peak balance contested in specific serial numbers, totaling to Rs. 22,57,654. However, the Tribunal confirmed an addition of Rs. 2,02,067 against a particular peak balance due to the assessee's failure to make submissions. The Tribunal explained that the deposits were made during the Assessment Year 2005-06, and the addition cannot be made in the year under appeal for unexplained investment. The Tribunal noted that the Authorized Representative of the assessee made no submissions for the specific bank account in question, leading to the confirmation of the addition of Rs. 2,02,067.

2. The counsel for the assessee argued that the addition made by the Tribunal on account of the peak credit of Rs. 2,02,067 should be deleted as it was not contested before the Tribunal. On the other hand, the Departmental Representative for the Revenue argued that the peak balance of Rs. 2,02,067 was part of the facts before the Tribunal and was derived from the assessment order, indicating no apparent mistake in the Tribunal's order.

3. The Tribunal reviewed the submissions and noted that the Assessing Officer had incorrectly totaled the figures related to the bank accounts, leading to the inclusion of Rs. 2,02,067 in the wrong total. The Tribunal clarified that the mistake in totaling was carried forward to the order of the Commissioner of Income Tax (Appeals) and then to the Tribunal. The Tribunal concluded that there was no error in its order as it correctly adjudicated the issue of the peak amount of Rs. 2,02,067, which was part of the total sum of Rs. 22,57,654.

4. The Tribunal emphasized that the mistake in totaling was initially made by the Assessing Officer, and the issue of the peak amount of Rs. 2,02,067 was indeed before the Tribunal. Therefore, the Miscellaneous Application filed by the assessee was dismissed, affirming the Tribunal's order.

5. In conclusion, the Tribunal dismissed the Miscellaneous Application filed by the assessee for the Assessment Year 2006-07, maintaining the decision regarding the peak balance and the addition of Rs. 2,02,067 as part of the total sum considered in the Tribunal's order dated 19.09.2014.

---