ORRIS TRADE LINK PVT. LTD.,KOLKATA vs. I.T.O., WARD - 1(1), KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal noted a clerical error in the CIT(A)'s order where the ground was dismissed instead of allowed. The Tribunal modified the order to reflect that the appeal was allowed in favour of the assessee on both issues.
What were the facts?
The assessee's appeal was against the CIT(A)'s order. The CIT(A) initially decided the issue of unexplained cash credit in favour of the assessee but mistakenly stated the ground was dismissed. The issue of Section 14A disallowance was also allowed in favour of the assessee.
What were the issues?
Whether the CIT(A) correctly decided the issue of unexplained cash credit and Section 14A disallowance, and to rectify a clerical error in the CIT(A)'s order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH KOLKATA
Before: Shri Sanjay Garg & Shri Girish Agrawal
order : March 14, 2024 आदेश / ORDER संजय गग�, �या�यक सद�य �वारा / Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 16.11.2022 of the National Faceless Appeal Centre [hereinafter referred to as ‘CIT(A)’] u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’).
No one has put in appearance on behalf of the assessee despite notices issued on different dates and even efforts were also made to inform the assessee telephonically. Under the circumstances, we proceed to adjudicate the present appeal after hearing the ld. DR.
The ld. DR has brought our attention to the impugned order of the CIT(A) to submit that in this case, there were two issues involved before Assessment Year : 2014-15 Orris Trade Link Pvt Ltd the CIT(A); first issue was relating to the addition of Rs.2,56,00,000/- made by the Assessing Officer as unexplained cash credits u/s 68 of the Act and the second issue was relating to the disallowance made u/s 14A of the Act. The ld. DR has brought our attention to the relevant part of the impugned order of the CIT(A) to submit that in fact the ld. CIT(A), after discussion of the matter, has decided the issue relating to unexplained cash credit of Rs.2,56,00,000/- in favour of the assessee, however, in the closing para/lines, the ld. CIT(A) mentioned that the addition is directed to be added. The relevant part of the order of the CIT(A), for the sake of ready reference, is reproduced as under:
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