INDRAKUMAR PATODIA Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THIS petition is filed to challenge the assessment order passed on 29th Dec., 2009 under S. 143(3) r/w s. 254(2) of the IT Act and also order passed by the Tribunal on 13th Aug., 2010 thereby rejecting the miscellaneous application filed by the petitioner.

(2.) IN the original assessment order passed for the asst. yr. 1998-99 additions to the extent of Rs. 77 lakhs were made on account of the failure on the part of the assessee to produce confirmation letters relating to loans allegedly taken by the petitioner. The said additions were confirmed by the CIT(A). The assessee filed further appeal before the Tribunal. During the pendency of the appeal, the assessee obtained loan confirmation letters from some of the parties and requested the Tribunal to produce the same as and by way of additional evidence. By an order dt. 13th May, 2008 passed in ITA No. 4652/Mum/2006, the Tribunal allowed additional evidence and restored the matter to the file of the AO for consideration of the additional evidence.

(3.) INSTEAD of challenging the said assessment order, the petitioner filed a miscellaneous application in ITA No. 4652/Mum/2006 seeking modification of the order dt. 13th May, 2008 so that the additional evidence allowed is not restricted to the loan confirmations received during the pendency of the appeal but also to include loan confirmations that were received after the disposal of the appeal. By the impugned order dt. 13th Aug., 2008, the Tribunal rejected the miscellaneous application on the ground that it has no power to review its order dt. 13th May, 2008 so as to allow additional evidence received after the disposal of the appeal on 13th Aug., 2008. The present writ petition is filed to challenge the order dt. 29th Dec., 2009 as well as the order of the Tribunal dt. 13th Aug., 2008 rejecting the miscellaneous application.