Gaurav Ajmera v. DCIT (2024) 209 ITD 260 (Indore)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Order of CIT(A) is without DIN-Issue did not form part of appeal-Assessee could not rectify his own lapse or mistake in miscellaneous application-Cash found and seized-Demonetized notes-Addition is made not merely on the basis of statement-Miscellaneous application is rejected-Amendment made in section 115BBE by Amending Act, 2016 prescribing higher rate of tax would apply to whole previous year 2016-17 relevant to assessment year 2017-18 even if requisition under section 132A of the Act-Miscellaneous application is rejected-Cash found with assessee was made on 14-11-2016-Cash seized by department-To be adjusted against tax liability of assessee was in nature of self-assessment payment-Adjusted while computing the interest u/s 234A. [S.115BBE 132A 140A]

Assessee filed miscellaneous application seeking rectification of order passed by Tribunal on ground that order of first appeal passed by Commissioner (Appeals) was without DIN and, therefore, non est as per CBDT Circular dated 14-8-2019.  Assessee submitted that jurisdictional  issue and could be raised at any stage; therefore, it could be raised in present miscellaneous application even though it was not part of original appeal. Dismissing the petition the Tribunal held that when issue did not form part of appeal  there could not be any mistake apparent from record  therefore, assessee could not rectify his own lapse or mistake in present miscellaneous application. Held that the  Assessing Officer made addition on basis of cash found and seized from assessee in form of demonetized notes and not merely on basis of statement of assessee. Miscellaneous application. is rejected.   Held that cash seized by department and agreed by assessee to be adjusted against tax liability of assessee, was in nature of self-assessment payment made before due date of filing of return which deserved to be allowed in computation of interest under section 234A. (AY. 2017-18)