2021 (8) TMI 1089 - AT - Income Tax

Tribunal dismisses rectification application due to lack of evidence

The Tribunal dismissed the miscellaneous application for rectification filed by the assessee in relation to the order passed in ITA No.635/Del/2017 for ... Rectification of mistake u/s 254 - Assessee contended that, tribunal has not considered annexure 12, 14 and 16 of the paper book and also ignored the affidavit placed on page no.10 and 11 of the paper book - Tribunal has not considered the order passed in the case of Kavita Verma - HELD THAT:- It is clear that the Tribunal had considered all the evidences and the case law as relied upon by the learned counsel for the assessee and took conscious decision. Therefore, the contention of the assessee would not fall within the ambit of section 254 of the Act. Hence, the miscellaneous application filed by the assessee is hereby dismissed, being devoid of any merit. Issues involved:1. Rectification of order passed by the Tribunal in ITA No.635/Del/2017 for the Assessment Year 2009-10.Detailed Analysis:The assessee filed a miscellaneous application seeking rectification of the Tribunal's order passed in ITA No.635/Del/2017 for the Assessment Year 2009-10. The counsel for the assessee argued that certain annexures and affidavits were not considered by the Tribunal, which led to a mistake in the order. Specifically, reference was made to the case of Kavita Verma where the Tribunal had set aside an issue based on affidavits. The counsel contended that a similar approach should have been taken in the present case. On the other hand, the Departmental Representative (DR) argued that all evidence was duly considered by the Tribunal, including the decision in the case of Kavita Verma. The DR asserted that the application for rectification was an attempt to review the order under the guise of rectification.The Tribunal, after considering the arguments from both sides and examining the material on record, noted that in the original order dated 06.06.2017, it had already deliberated on the issue in question. The Tribunal observed that the assessee failed to substantiate their contentions with any material evidence. The explanation provided by the assessee regarding cash deposits in the bank account was deemed insufficient as the source of the deposits remained unexplained. The Tribunal highlighted that the mere filing of affidavits without concrete evidence did not support the assessee's case. Additionally, the Tribunal found discrepancies in the explanations provided by the assessee regarding the source of funds. Consequently, the Tribunal concluded that the assessee's appeal lacked merit and dismissed the miscellaneous application for rectification.In the final judgment, the Tribunal emphasized that it had thoroughly considered all evidence and legal precedents presented by the parties. The Tribunal clarified that the decision taken was a conscious one based on the facts and circumstances of the case. Therefore, the Tribunal deemed the miscellaneous application filed by the assessee as lacking merit and subsequently dismissed it. The judgment was pronounced in open court on 23.08.2021.