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2021 (2) TMI 60 - ITAT AHMEDABADRectification of mistake - Reopening of assessment - unexplained cash deposited in the saving bank account maintained with the ICICI Bank - before the ld. CIT(A) the assessee has completely changed the facts of her own claim made before the Assessing Officer stating that the said bank account in the ICICI bank was not opened by her and it was opened by a travel agent and all the transactions with the bank were also made by him - HELD THAT:- ITAT highest fact finding authority after verification of the paper book filed by the assessee had noticed that assessee has declared and owned up the said saving bank account in the return of income filed by her. The assessee has failed to produce any material to substantiate her contradictory claim made before the ld. CIT(A). Further the altogether different claim made before the ld. CIT(A) that the bank account was not belonged to her found to be false claim. Considering these specific facts which are distinguishable from the cases referred by the assessee, the ITAT has not found any infirmity in the decision of ld. CIT(A). ITAT confirmed that assessee has herself reported under her signature in her income tax return filed after replying the notices from the assessing officer that the impugned bank account with the ICICI Bank was pertained to her. In the light of the above facts and circumstances, we consider that the assessee has failed to substantiate the source of cash deposit detected in the saving bank account, It was a very long adjudicated order passed after taking into consideration actual facts distinguishable from the facts in the case laws referred by the assessee. Keeping in view the above facts and circumstances, we consider that the power of rectification u/s. 254(2) of the Act can be exercised only when the mistake which is subject to be rectified is an obvious patent mistake, which is apparent from record and not a mistake which is required to be established by argument and long drawn process of reasoning on points on which there may conceivably be two opinion. In the light of facts and circumstances, we do not find any merit in the Miscellaneous Application of the assessee and the same is dismissed.
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