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2013 (10) TMI 150 - HC - Income TaxApplication for rectification of tribunal order u/s 254(2) - Addition on account of section 69 of the Income Tax Act – unexplained purchase - additions on the basis of octroi receipts found during receipt - ITAT observed that onus is on the assessee to explain as to on which purchases, recorded in the books, octroi was charged by octroi department during spot inspection. - Since spot inspection was carried out on 17.7.99 and books and documents were examined by the octroi department, this impugned purchase could only be pertained to dates prior to 17.7.99. Where assessee fails to discharge the onus lying on him then Assessing Officer will be within his right to infer that the impugned purchases are unexplained and, therefore, liable to be taxed under section 69. Held that:- if the assessee had any dispute on the final conclusion, it was always open to seek further remedy of appeal in accordance with law. However, invoking the jurisdiction of the Tribunal for rectification was rightly not permitted by the Tribunal. - Decided against the assessee.
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