2021 (5) TMI 686

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....the assessee in this Miscellaneous Application is that the Tribunal has allowed the appeal in favour of the assessee to extent of peak balance contested in serial no.1, 3 & 4 (vide table of peak balance, given in para no.5 of the Tribunal order), wherein the total sum of peak balance for bank accounts came to Rs. 22,57,654/-. The para no.5 of the Tribunal's order in IT(SS)A No.159/AHD/2011 for AY.2006-07 order dated 19.09.2014, is reproduced below for ready reference: "5. Similarly, In ITA(SS) No. 159/Ahd/2011 the brief facts of the case are that the Assessing Officer observed that the assessee Smt. Geetaben N. Kapadia has received investment in her accounts with Centurion Bank Ltd., Surat as under: A/c No. Financial Year ....

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....ncial Year Peak Balance 0041-093100-001 2005-06 2,02,067 Therefore, we confirm the order of the Commissioner of Income Tax (Appeals) in respect of the addition of Rs. 2,02,067/-. Thus, the appeal in the case of Shri Amit N. Kapadia is allowed and the appeal in the case of Smt. Geetaben N. Kapadia is partly allowed." 4. Therefore, Learned Counsel for the assessee submitted that against the original peak balance of Rs. 2,02,067/- of bank account of Serial No.2 of the above table given in para no.2 of this order, only the same was considered by the Assessing Officer while making the addition in the assessment order, however the same has never been contested before the Tribunal, therefore addition made by the Tribunal on....

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....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. Total sum of these figures comes to Rs. 22,57,654/-whereas if we exclude the figure of Rs. 2,02,067/-, the total of remaining three figures comes to Rs. 20,55,587 (22,57,654 - 2,02,067). However, the Assessing Officer computed the total amount of the four figures at Rs. 20,57,654/-, thus Assessing Officer has committed the mistake while doing totaling of t....