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2018 (10) TMI 1296 - AT - Income TaxRectification of mistake - Reopening of assessment - Additions u/s 69A - Held that:- The ingredient of Section 147/148 are different than the ingredients of Section 153C. The document recovered clearly mention the name of the assessee, description of plot of land and the figure mentioned is ₹ 2,71,00,000/-. The date is also mentioned in this document marked as Annexure A-3/page 221 seized from Mr Madan Kolambekar and Jai Corp Group. The assessee did sold the plot of land to these parties. The assessee was in denial mode while revenue stated that on 23. 08. 2013 , reasons for re-opening were furnished to the assessee while the assessee is in denial mode. The said finding by learned CIT(A) achieved finality as no appeal/CO is filed by the assessee. The tribunal set aside the matter to the file of the AO for fresh adjudication with adequate safeguards so that the assessee is not un-fairly treated. All these conceptions of the assessee are misplaced/baseless and an desperate attempt to some how wriggle out of the well reasoned and fair order passed by tribunal to advance substantial justice to both the parties based on peculiar factual matrix of the case. The contentions of the assessee is an desperate attempt to seek some how review of the tribunal order which is beyond mandate of Section 254(2) of the 1961 Act and hence these contentions are dismissed as devoid of any merits.
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