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2021 (4) TMI 758 - AT - Income TaxRectification u/s 254 - addition u/s. 68 and disallowance of bogus purchases - ITAT has erred in appreciating some of the evidence and submissions - HELD THAT:- We find that the ITAT has elaborately discussed the issues both as regards addition u/s. 68 of the Act and disallowance of bogus purchases. The assessee’s claim that ITAT has erred in appreciating some of the evidence and submissions do not amount to mistake apparent from record liable to be rectified u/s. 254(2) - The case laws referred by the assessee before us in the Miscellaneous Petition are not at all applicable to the facts of the present case. Various decisions regarding cash credit and bogus purchases claimed to have been filed by the assessee in the appeal proceedings are also on the facts of the individual case. Even the decision in the case of Mohammad Haji Adam & Company [2019 (2) TMI 1632 - BOMBAY HIGH COURT] is also on the facts of the individual case of trading concern and by no stretch of imagination lays down a specific law to be universally follows on account of bogus purchases. Appreciation of the facts by the Tribunal which as per the assessee is erroneous or wrong cannot permit review of the same by another Bench of the Tribunal in the Miscellaneous Application. There is no mistake apparent from record in the order of the Tribunal. Hence, this Miscellaneous Application by the assessee stands dismissed.
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