TMI Blog2021 (6) TMI 927X X X X Extracts X X X X X X X X Extracts X X X X ..... made in the case of M/s Soumya Homes Pvt. Ltd and therefore no addition of income was offered before Income Tax Settlement Commission. We however on perusal of the records placed before us find that during the course of hearing of appeal sufficient opportunity was granted to the revenue to file its documents. However revenue failed to file any such detail before this Tribunal of the application of M/s Fortune Builders made before the Income Tax Settlement Commission. Since the Tribunal has dealt with all the relevant facts and settled judicial precedents to adjudicate the issue in question before us, we find no mistake apparent on record in the impugned order and thus no rectification is called for. We therefore, in the given facts a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n toHon.,ble Settlement Commission has taken the plea that the additions on the basis of alleged dairy have been made in the case of M/s Soumya Homes Pvt. Ltd., Bhopal and therefore, no additional income was offered before the Settlement Commission. This contention of M/s Fortune Builder has been accepted by the Hon'ble Settlement Commission in its final order. 5.Thus, from this it is clean that 110 addition of unaccounted transaction based on alleged dairy 'BS-l' is taken into cognizance in both the assessee's and is get to be decided. 6.Hence, this Miscellaneous Application is being filed before the Hon'ble ITAT with request for recalling and restoring the second ground of Appeal as mentioned supra. 3. Ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ission has taken a plea that addition on the basis of alleged diary BS-1 have been made in the case of M/s Soumya Homes Pvt. Ltd and therefore no addition of income was offered before Income Tax Settlement Commission. 6. We however on perusal of the records placed before us find that during the course of hearing of appeal sufficient opportunity was granted to the revenue to file its documents. However revenue failed to file any such detail before this Tribunal of the application of M/s Fortune Builders made before the Income Tax Settlement Commission. This Tribunal after considering the facts on record came to the following conclusion stated in para 56 of the impugned order which reads as follows:- 56. Respectfully following the abov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d diary as well as concerned person of M/s. Fortune Group and thus the action of the Ld. A.O of not providing cross examination turns out to be a clear violation of principle of natural justice and therefore the additions made by the Ld. A.O for the unaccounted transactions with M/s. Fortune Group has no foundation to stand for and same needs to be deleted. However it is clarified that our this decision based on the facts of the present case cannot be construed as estopple to the Ld.A.O to reopen the case if he finds live link of assessee with the transactions mentioned at page-1 of the seized diary BS-1. 7. Since the Tribunal has dealt with all the relevant facts and settled judicial precedents to adjudicate the issue in question befor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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