TMI Blog2012 (12) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... rectification under Section 254 of the Act – Held that:- There was no error in the decision of the Assessing Officer - reasons recorded by the Tribunal in the original order were rather brief. However, in the subsequent order which is impugned before us, such reasons have been indicated, evidence is evaluated and the findings of the Revenue authorities is confirmed – appeal dismissed - In favor of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disregarding the entire evidence on record in form of Paper Book and all the contentions of the appellant results in a 'vitiated' finding which is unsustainable in law? (3) Whether on facts the Tribunal is right in law in its refusal to rectify its order passed under section 254(1) while exercising its jurisdiction under Section 254(2) of the Act pertaining to alleged unaccounted income of Rs.6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2008 be recalled and appeal be reheard since the submissions and facts have not been considered and no evidence has been given. The assessee listed several documents and contentions which according to the assessee were not examined by the Tribunal. 2.2 The Tribunal disposed of such rectification application by impugned order dated 16.10.2009. The Tribunal considered the evidence on record at co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cepted or rejected such prayer instead of deciding the issue on merits again by detailed speaking order. However, in the present case, we notice that previously the Tribunal had rejected the assessee's appeal particularly with respect to addition of a sum of Rs.6,50,350/- which is the bone of contention before us and thereby confirmed the concurrent findings of the two Revenue authorities. It is t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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