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2019 (3) TMI 1167 - MADRAS HIGH COURTRectification petition u/s 254 - scope of undisclosed income u/s 158B(b) - rectification of 'mistake of fact' as well as 'mistake of law' - additions in the hands of the Assessee for NRI gift by CIT(A) - overlooking the disclosure of the NRI Gifts in the regular return filed prior to the date of search - search u/s 132(4) with regard to the NRI gifts - upholding the addition by Tribunal regarding NRI Gifts as 'undisclosed income' Finding of facts - substantial question of law - HELD THAT:- No substantial questions of law arises in the present case. The findings on facts about the alleged NRI gifts which the Assessee in the present case specifically admitted in the statements recorded under Section 132(4) at the time of search that it was his own money routed back to his own family members who were the partners of the firm through an alleged NRI and was undisclosed income. There can be no better evidence than the said specific admission of the Assessee. Never, gifts have been accepted by any Assessing Authority by treating the explanation and confirmations given by the Assessee as sufficient and never was the NRI Donor produced and found to be genuine by the Assessing Authority. The CIT (Appeals) has discussed all these aspects after the specific enhancement notice was given by him and thereafter giving the cogent findings of the facts. Thus on the admission of the Assessee himself that such money was his own undisclosed income brought back in the country through alleged NRI gifts was the best evidence and in our opinion was sufficient to bring it to tax in the hands of the Assessee Firm, and the learned CIT (Appeals) cannot be said to have faulted in any manner in serving an enhancement notice, inter alia, on the said issue and making the additions in the hands of the Assessee Firm. In our opinion, the Tribunal was justified in rejecting the Miscellaneous Petition of the Assessee also under Section 254 of the Act as there was no mistake apparent in the original appeal order passed by the Tribunal - decided against the Assessee
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