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2014 (1) TMI 703 - AT - Income TaxRecall of order u/s 254 of the Act – Mistake apparent from record – Held that:- The assessee pointed out that while deciding the issue and coming to the conclusion that the agriculturists had taken loans from him and the amount credited on receipt of loan/ amounts advanced earlier was not proved from the bank account - the Tribunal has mentioned that the cheque no vide which amount was deposited in the bank account and cheaue no. recorded in the books of account did not tally - the assessee pointed out that ITAT had mentioned the bank account no. as cheque no. by mistake and thereafter concluded that cheque nos. did not tally. In the account of Shri Jagdish Prasad, an amount of Rs. 3.00 lacs was deposited on 20-04-2006 vide cheque no.218166 whereas in the assesee's bank account cheqaue no. is 036235 - It is noticed that cheque no. 218166 was wrongly mentioned - this was the bank account no. Similar was the position of Shri Hanuman Prasad – there was merit in the submissions of the assessee that while coming to the conclusion that cheques were not tallied and bank account no. was mentioned in place of cheque no. - Since it is a mistake apparent from record, the Misc. Application of the assessee allowed – Decided in favour of Assessee.
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