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2022 (12) TMI 1452 - ITAT RAJKOTRectification of mistake - as per assessee gross total income of the assessee cannot be made subject to tax without allowing the corresponding expenses - As per CIT(A) the income shown by the assessee does not require any expenditure to be incurred against such income but it is the surmise and conjecture of the learned CIT-A in the absence of necessary details - HELD THAT:- For instance, if the impugned income shown under the head other sources represents the income from interest out of the own interest free fund available with the assessee, then the question of making the deduction of the corresponding expenses under the provisions of section 57 of the Act does not arise. But this fact has to be established which could have been done easily by the authorities below by writing a later to the bank for collecting the information under the provisions of section 133(6) of the Act. But it has not been done so but the entire blame has been put on the head of the assessee without carrying out necessary verification to appreciate the facts in the right perspective. Thus, we are of the view that the ITAT has also passed the order without appreciating the facts and upheld the order of the authorities below. Thus, we are of the view that the order of the ITAT suffers from the mistake apparent from record as it was given without appreciating the fact about the exact nature of the income. It is also important to note that the ITAT in the subsequent order in the case of Shri Naranrai Rambhai Zala [2022 (9) TMI 1515 - ITAT RAJKOT] has rightly set aside the issue to the file of the AO for fresh adjudication as per the provisions of law. In view of the above, we recall the order passed by the ITAT with the direction to the registry to fix the same for fresh hearing under intimate to both the parties. Hence the MA filed by the assessee is allowed.
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