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2019 (10) TMI 190 - ITAT PUNERectification u/s 254 - default in reopening of assessment u/s 147 - whether the change of address was communicated by the assessee to the Department; the AR submitted that change of address was not communicated to the Department by the assessee - HELD THAT:- On the date of hearing i.e. 07.02.2019, when the Bench re-enquired whether the change of address was communicated by the assessee to the Department; the Ld. AR submitted that change of address was not communicated to the Department by the assessee. The assessee is silent about the fact as to why he has not communicated his new address to the Department. In whatever manner satisfaction is recorded by the Assessing Officer for re-opening of assessment, the principles of natural justice demands that the reasons for re-opening the assessment should convey in an unambiguous manner for which the assessee is being penalized. AO in his order has given a clear-cut findings regarding re- opening of assessment and also on enquiry regarding genuineness of the transactions, the assessee has not responded to and on the basis of which, the Tribunal observed on verification of AST data, that the assessee has not furnished his return of income for the assessment year 2008-09. The assessee has not offered the amount of ₹ 16.04 Lakh for taxation. AO has reason to believe the amount HAS escaped the assessment within the meaning of section 147 Power for rectification under section 254(2) of the Act can be exercised only when mistake, which is sought to be rectified, is an obvious and patent mistake, which is apparent from the record and not a mistake, which is required to be established by arguments and long drawn process of reasoning on points, on which there may conceivably be two opinions. See SAURASHTRA KUTCH STOCK EXCHANGE LTD [2008 (9) TMI 11 - SUPREME COURT] Thus in the guise of rectification, the assessee is seeking review of the order of Tribunal, which is beyond the scope of powers as envisaged u/s. 254(2)
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