SHRI BALJINDER SINGH CHAHAL,AMRITSAR vs. INCOME TAX OFFICER WARD-2(1), AMRITSAR

The grievance of the assessee stem from the fact that while giving effect to the impugned first appellate order, Ld. AO has granted relief only to the extent of Rs.17 Lacs but confirmed remaining addition of Rs.12 Lacs out of total addition of Rs.29 Lacs. The Ld. AR stated that since the appeal was fully allowed, the assessee was under the impression that the impugned additions stood deleted fully. However, Ld. AO, while passing order giving effect order, has granted relief only to the extent of Rs.17 Lacs but retained addition of Rs.12 Lacs. The said impression of the assessee has led to inordinate delay of 3173 days in the appeal which deserve to be condoned and the addition be deleted in full.

We find the grievance of the assessee to be genuine. It could clearly be seen that addition of Rs.29 Lacs was typographical error. The Ld. AO had made addition of Rs.24 Lacs only. The assessee assailed this addition which was also fully allowed by Ld. CIT(A) through the discussion was made to the extent of sources of Rs.17 Lacs only. Upon perusal of impugned order, it could be seen that the assessee had duly disclosed the sources of funds to the extent of Rs.10 Lacs also which were taken from Shri Avtar Singh through banking channels. On these facts, we admit the appeal of the assessee and direct Ld. AO to delete the impugned addition of Rs.29 Lacs in full.

The appeal stand allowed in terms of our above order. Order pronounced u/r 34(4) of Income Tax (Appellate Tribunal) Rules, 1963.