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2019 (2) TMI 160 - AT - Income TaxRectification of mistake with regard to reopening - assessee submitted that ITAT has erred inasmuch as it has not upheld the proposition that the A.O. should have conclusively prove in the reasons recorded that there was escapement of income - Held that:- All the issues raised in these miscellaneous applications have been considered by the Tribunal. As regards the issue on non consideration of the valuation report submitted by the assessee is concerned, we note that the same was duly considered and found to be not acceptable. Further, all the issue on merits referred above has been duly answered in the order by the ITAT. As regards the submission regarding reliance by the ITAT on the statement of Denzil D'Souza, it is found that nowhere in its order on adjudication of the merits, the ITAT has relied upon its statement of Denzil D'Souza. It is the matter of fact that the CIT(A) in his order reproduced in the ITAT order has referred that a copy of the statement of Denzil D'Souza was duly given to the assessee and that the statement given by Denzil D'Souza was just an affirmation of what had already gathered by the A.O. from the facts on record. As regards the alternative claim of the assessee, it is noted that the Tribunal has duly considered the same. As noted that except for making the claim, no detail has been furnished whatsoever by the ld. Counsel of the assessee as to how the receipt from the arbitration award amount to a family settlement. That there is no mention whatsoever in the arbitration award as to how the said amount has been determined or that it is a family arrangement. That in the absence of any detail thereof, the amount received cannot be held to be a receipt on account of family arrangements. Thus, we find that the Tribunal has considered all the arguments and passed the order. What the assessee is seeking is a review of the order which is not permissible in the law. None of the issues raised by the assessee in the miscellaneous applications can be termed as mistake apparent from record. Issues which can be taken up u/s.254(2) of the ITAT have to be obvious and patent mistake and not something which can be established by a process of arguments and reasoning. Further on the same basis, an error in judgment also cannot be taken up as mistake apparent from record liable for rectification u/s. 254(2). - Decided against assessee.
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