INCOME TAX ACT, 1961

Section 254(2)

Appeal (Tribunal) - Rectification under section 254(2) - Mistake apparent - Miscellaneous application filed---Application in nature of seeking review of order

AO detected undisclosed income/receipt in undisclosed bank account of assessee. Assessee tried to make out a case that she omitted to submit the account of another business. However, as the entire undisclosed receipt was claimed to have been expended on expenditures, the AO alleged that it was a self serving claim devoid of any creditability and made addition of the same. CIT (A) also upheld the order of the AO. Further, before Tribunal, the assessee made alternative contention that 8% profit of the undisclosed receipt might be accessed. However, the said contention was rejected and the Tribunal upheld the CIT(A) on the ground that the assessee failed to substantiate her submissions with any supporting evidence. It was also concluded that the submissions were correctly examined by the AO as well as the CIT (A) and after due examination the same were rejected. Aggrieved, the assessee filed miscellaneous application under section 254(2) seeking rectification of mistake in the order of the Tribunal alleging that the Tribunal erred in not accepting her contention. Held: It was found that addition of undisclosed receipt by AO was confirmed by CIT (A) and therefore, the same was confirmed by Tribunal. Further, assessee's contention that only 8% thereof should have been brought to tax as income and the Tribunal erred in not accepting the same, was seeking review of the order, which was not permissible under the law. Hence, the miscellaneous application filed by the assessee would not be sustainable.

REFERRED :

FAVOUR : Against the assessee

A.Y. :

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