2015 (7) TMI 1254

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....ons preferred by the assessees seeking modification of the order of the Tribunal's Order dated 3.8.2012. M.A. No.111/Hyd/2013 (ITA No.710/Hyd/2006): 2. The facts of the case are that assessee Shri Balwinder Singh Bagga had filed his return of income for AY 2002-03 declaring a total income of Rs. 47,62,667. ITAT Hyderabad B Bench passed the order on 3.8.2012 partly allowing the assessee's appeal in ITA No.710/Hyd/2006. 3. By this M.A, petitioner has pointed out that while passing the order, ITAT disallowed assessee's claim of interest payable to Infra Port India Ltd, based on wrong assumption of facts. ITAT in its order in Para 102 have stated that "This claim of interest was made subsequently after the company was taken over by the....

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....pparent on record at Para No.102 of the Tribunal's order in the case of Balwinder Singh Bagga and others dated 3.8.2012. Hence we recall the order of Tribunal in ITA No.710/Hyd/2006 for limited purpose of hearing the issue in Para No.102 and direct the Registry to re-fix the hearing. 6. In the result M.A.No.111/Hyd/2013 filed by the assessee is allowed. M.A. No.112/Hyd/2013 (ITA No.766/Hyd/2007) and M.A. No.113/ Hyd/2013 (ITA No.904/Hyd/2008) 1. Since similar issues are involved for A.Y 2003-04 and 2004-05 in ITA Nos.904/Hyd/2008 and 766/Hyd/2007, as those in M.A. No.111/Hyd/2013 out of ITA No.710/Hyd/2006, we recall ITA No.766/Hyd/2007 and 904/Hyd/2008 for the limited purpose of hearing issue Para No.102 and direct the Registry to....

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....details of the sources have been recorded and the assessee is not required to prove the source of source. The ld Counsel has also relied, on the decision of the DCIT vs. Vishwanath Pratap Gupta (129 ITO 95 - 3rd Member). 3. We find that a mistake apparent on record has occurred in the Tribunal's order in ITA No.709/Hyd/2006 at Paras 73 and 74. Hence we recall ITA No.709/Hyd/2006 for the limited purpose of re-hearing issue in Para No.73 and 74. Registry is directed to re-fix the hearing accordingly. 4. In the result M.A. No.60/Hyd/2013 is treated as allowed. M.A. No.114/Hyd/2013 (IT (SS) A No.50/Hyd/2005): 1. Briefly stated, assessee Shri Satpal Singh Bagga filed his block period return of income u/s 158BC of the Act on 18.10.2002 d....