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2016 (7) TMI 239 - ITAT AHMEDABAD

2016 (7) TMI 239 - ITAT AHMEDABAD - TMI - Rectification of mistake - determination of taxable income - Held that:- A perusal of the order dated 11.9.2014, it reveals that the AO has observed that income of the assessee was wrongly recomputed at ₹ 21,091/-. In his understanding it was an apparent error. But what is the basis to arrive at this belief is not discernible from the impugned order. When the ITAT has set aside the issue for fresh adjudication, the AO was supposed to pass an assess .....

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of the order, in the computation, he committed a mistake by taking income at ₹ 21,091/-. But that is not the case. We have extracted complete orders passed by the AO in pursuance of ITATís order. We have extracted the finding of the Tribunal while setting aside the original assessment order. Therefore, there cannot be any rectification order under section 154 passed on 11.9.2014. - Decided in favour of assessee - ITA. No. 3419/Ahd/2015 - Dated:- 5-4-2016 - Shri Rajpal Yadav, Judicial Memb .....

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DCIT, Ahmedabad to the effect that the land bearing Survey No.731 situated at village Makarba, Taluka & District Ahmedabad was sold by the assessee for a consideration of ₹ 7,15,000/- to one Shri Jasraj M. Jain. It also came to the notice of the Department during the search operation carried out in the case of Ornet group that this land was mortgaged by the assessee to Ahmedabad Mercantile Co-operative Bank Ltd. for a consideration of ₹ 65 lakhs. Before the sale of land by the a .....

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), and ultimately dispute travelled to the Tribunal, and the Tribunal vide order in ITA No.496/Ahd/2012 set aside the issue to the file of the AO. The relevant finding recorded in para-8 of the order reads as under: 8. It is thus submitted that on behalf of assessee, C.A. had appeared before the lower authorities and had submitted the details called for though there was no proof of the filing of the submissions and the AO had refused to take the same on record. The contents of the affidavit have .....

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adjournment. Thus, the matter is remanded back to the file of AO to decide the issue afresh and after granting reasonable opportunity of hearing to the assessee. Thus, this ground of the assessee is allowed for statistical purpose. 4. The AO has passed the following order: Order Giving Effect to ITAT's Order In view of, the Hon'ble ITAT's Order No, ITA No. 496/AHD/2012 dated 22/03/2013, the Appeal filed by the assessee against the order passed by the ld. CIT(A) dated 11.01.2011 has .....

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assessee case Hon'ble ITAT, Ahmedabad decided the appeal filed by the assessee vide his order dtd.22.03.2013 and set-aside matter remit back to the AO pertain to addition made by the AO of ₹ 64,99,599/- on account of unaccounted investment. Accordingly, appeal effect to ITAT order given on 28.03.2013 in which total assessed income wrongly re-compute at ₹ 21,091/-. The same mistake found apparent from the record and fall in preview of the rectification of mistake u/s. 154 of the I .....

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the CIT(A) who upheld this order. 7. The ld.counsel for the assessee contended that the AO has failed to point out any apparent error in the order dated 28.3.2013. It is not understandable on what basis he revised the income to a figure of ₹ 4,64,792/-. On the other hand, the ld.DR relied upon the orders of the Revenue authorities below. 8. We have duly considered rival contentions and gone through the record carefully. The power of rectification under section 154 of the Income Tax Act can .....

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