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2015 (9) TMI 337 - HC - Income TaxUnexplained investment in factory building and factory land - rectification of mistake - Held that:- As at the time of hearing of the Tax Appeal, the assessee did not point out before this Court that they have already preferred rectification application before the Tribunal which is pending nor even at the time of deciding the rectification application (subsequently) by the Tribunal it was pointed out before the Tribunal that against the judgment and order passed by the learned Tribunal which is sought to be rectified, they preferred appeal, which has been dismissed by the Division Bench on merits. Shri Shah, learned counsel for the petitioner is not in a position to dispute the above. Under the circumstances, now it is not open for the petitioner to contend that despite the dismissal of appeal by this Court, rectification application would be maintainable, on issues / grounds, which came to be earlier considered by the Division Bench while deciding the Tax Appeal under the guise of the rectification, the petitioner-assessee cannot have the second round of litigation on the same ground / issue which earlier came to be considered by the Division Bench of this Court [2015 (9) TMI 330 - GUJARAT HIGH COURT] and Division Bench dismissed the appeal on merits. In view of the above, present petition under Article 226 of the Constitution of India is not required to be entertained, more particularly, when on the ground / issue which is sought to be canvassed, more particularly, valuation adopted by the Assessing Officer while making addition of ₹ 22,70,370/, the appeal at the instance of the very petitioner – assessee against the order passed by the learned Tribunal passed has been dismissed on merits, this Court is not required to exercise appellate jurisdiction over the order passed by the Division Bench of this Court. Under the circumstances, present petition deserves to be dismissed. - Decided against assessee.
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