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2019 (3) TMI 566 - AT - Income TaxRectification of mistake u/s 254(2) - non-consideration of specific ground taken by the assessee challenging reopening of assessment and violation of principle of natural justice - estimation of income on bogus purchases - HELD THAT:- We find that the Tribunal has decided the appeal filed by the assessee on merit and scaled down profit estimated by the CIT(A) on alleged bogus purchases from 20% to 12.5% by considering arguments advanced by both sides and also by relied upon various decisions of Co-ordinate Bench, where ITAT, Mumbai Bench, in number of cases has taken consistent view to direct the AO to estimate 12.5% profit on alleged bogus purchases. However, the Tribunal has not adjudicated other grounds taken by the assessee challenging the reopening of assessment u/s 147 r.w.s. 148 even though the assessee has taken specific ground vide ground no.1 and 2 of grounds of appeal filed along with Form No.36. We further noticed that the assessee also challenged violation of principle of natural justice on the ground that addition has been made based on third party statement, without providing opportunity to the assessee to contradict statement of Hawala Operators. Therefore, we are of the considered view that constitutes mistake apparent on record which can be rectified u/s 254(2) of the Act.u/s 254(2) - Miscellaneous application filed by the assessee is allowed.
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