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2018 (4) TMI 1896 - AT - Income TaxRectification of mistake u/s 254 - mistake apparent on record to the extent of not considering the correct facts on the issue of validity of reopening of the assessment - assessee has contended that the said amount has been duly disclosed in the return of income as part of the long term capital gain on sale of shares - HELD THAT:- We note that though the Tribunal while passing the impugned order has rejected the contention of the assessee against the validity of reopening however, this particular fact whether the assessee has disclosed this amount in the return of income or not has escaped consideration by the Tribunal while deciding the issue. Hence, we are of the considered view that there is a mistake apparent on record in the impugned order and consequently we recall the impugned order of the Tribunal for fresh hearing and adjudication of the matter. The registry is directed to fix the appeal of the assessee for fresh hearing and adjudication in regular course. The parties to be informed about the next date of hearing. In the result, the miscellaneous application is allowed.
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