S.J.VAZIFDAR,J. - (1.) CM No. 13417 -CII of 2016 Heard. For the reasons mentioned in the application, delay of 690 days in re -filing the appeal is condoned. Application stands disposed of. Income Tax Appeal No. 159 of 2016 (O&M) This is an appeal against the order of the Income Tax Appellate Tribunal confirming an addition by the Assessing Officer under section 69 - A of the Income Tax Act, 1961 (for short 'the Act') and the enhancement of the appellant's income by the Commissioner of Income Tax (Appeals). The matter pertains to the assessment year 2008 -09.
(2.) The appeal is admitted on the following substantial questions of law raised by the appellant: - a) Whether in view of the facts and circumstances of the case, the Tribunal has erred in law and on facts in holding that AO/CIT(A) meant addition under section 68 of the Act when specifically addition is made under section 69 -A and also in holding that such situation is covered under section 292 -B? b) Whether in view of the facts and circumstances of the case, the Tribunal has erred in law and on facts in upholding the order of the respondent without even going into the relevant facts of the case and the nature of addition/disallowance made? c) Without prejudice whether on the facts and in the circumstances of the case, the Tribunal erred in law and on facts in not considering the relevant fact that the AO and CIT(A) has never examined the applicability of Section 68 of the Act on the facts and circumstances of the case? d) Whether on the facts and in the circumstances of the case, the Tribunal erred in law and on facts in upholding the order of AO/CIT(A) without giving opportunity as to the applicability of section of the Act? e) Whether on the facts and in the circumstances of the case the findings arrived at by the Tribunal are perverse, in as much as no reasonable person correctly informed of the provisions of law would come to such a conclusion?
(3.) The questions being inter -linked are dealt with together. The main question is whether the Tribunal was justified in invoking the provisions of section 68 of the Act, although the assessment order and the order of CIT(A) were based on section 69 -A of the Act.;