TaxTMI 
TaxTMI 
2024 (5) TMI 391
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....ard and perused the record. 3. On hearing both the sides, it comes up that a search and seizure operation was carried on Three C group by the Investigation Wing, on 29.10.2013 and thereupon return by the assessee was filed in pursuance of proceedings initiated u/s 153A of the Act. The assessment order dated 28.03.2016 was passed u/s 143(3), wherein addition of Rs. 2,37,08,076/- was made towards unexplained cash of Rs. 26,75,000/- and jewellery of Rs. 2,10,33,076/-. The assessee preferred appeal before CIT(A) and vide order dated 31.08.2018, CIT(A) had decided the appeal, observing that it be treated as dismissed for statistical purposes. 4. As a matter of fact, before the CIT(A), the assessee had challenged both the additions on account o....
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.... on account of jewellery and not a word was discussed with regard to the unexplained cash addition of Rs. 26,75,000/-. 8. The assessee thereafter moved a misc. application seeking indulgence of the coordinate Bench for also giving findings with regard to unexplained cash. However, the coordinate Bench had dismissed the misc. application vide order dated 29.08.2022, but the coordinate Bench had giving following findings in para 2: "2. In this regard, we hold that since the decision of the Id. CIT(A) has not been disputed in the order dealt only with the jewellery found and its accountability thereof, no specific finding is required. However, in the interest of justice, we clarify that the Bench had not disputed the findings of the Id. CIT....
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....d cash and household expenses in the FY, till the date of search". However, while confirming the addition with regard to unexplained jewellery vide para 5, 10 inadvertently, the entire addition of Rs. 2,37,08,076 including on account of unexplained cash of Rs. 26,75,000 was confirmed by dismissing Ground No. 3 of the appeal. In other words, addition of Rs. 26,75,000 has been inadvertently confirmed which is contrary to the findings recorded at para 5.5 as reproduced above. This has resulted in a mistake apparent from the record while deciding Ground No. 3 of the appeal. Based on findings at para 5.5 as reproduced above, addition of Rs. 26,75,000 as made on account of unexplained cash ought to have been deleted while only addition of Rs.....
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....tion provided by ITAT vide its recent order dated 29/08/2022, the above findings of Ld. CIT(A) regarding sufficient availability of cash to explain addition of seized cash of Rs. 26,75,000 are now final. In view of the above, your honour is requested to kindly rectify the mistake of confirming the addition with regard to unexplained jewellery vide para 5.10 at Rs. 2,37,08,076 which should be reduced to Rs. 2,10,33,076 after excluding the seized cash of Rs. 26,75,000 since the same stands duly explained and accepted." 10. The learned CIT(A) has, however, dismissed the application on the ground that the issue of unexplained cash has been taken up in grounds of appeal by the assessee before the Tribunal and since the Tribunal has decided bo....