9911796707
TMI Blog2019 (10) TMI 190X X X X Extracts X X X X X X X X Extracts X X X X ..... anner satisfaction is recorded by the Assessing Officer for re-opening of assessment, the principles of natural justice demands that the reasons for re-opening the assessment should convey in an unambiguous manner for which the assessee is being penalized. AO in his order has given a clear-cut findings regarding re- opening of assessment and also on enquiry regarding genuineness of the transactions, the assessee has not responded to and on the basis of which, the Tribunal observed on verification of AST data, that the assessee has not furnished his return of income for the assessment year 2008-09. The assessee has not offered the amount of ₹ 16.04 Lakh for taxation. AO has reason to believe the amount HAS escaped the assessment within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. AR, the case was fixed for hearing today i.e. on 27.09.2019. But today also at the time of hearing, neither the assessee nor his Authorized Representative was present. The evasive attitude regarding court proceedings of the assessee herein is very much evident. In view the above, we proceed for hearing this Miscellaneous Application ex-parte and adjudicate the matter after hearing the submissions of Ld. DR. 3. The Ld. DR submitted that order of the Tribunal dated 07.02.2019 is well reasoned order and the assessee has failed to point out any apparent mistake in the order warranting rectification. The assessee is seeking review of the entire order in the grab of rectification. The ld. DR prayed for dismissing the Miscellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of section 147 of the Act. Therefore, there are number of reasons in this case because of which, the Assessing Officer reopened the assessment which are as follows: i) Letter of verification issued on 26/12/2014 to verify the genuineness of transaction was not responded to by the assessee. ii) The assessee was required to furnish the details of sources of the financial transaction along with copies of documents in support of his claim. iii) As per AST data, the assessee has not furnished his return of income for the A.Y.2008-09. The assessee has not offered the amount of ₹ 16.04 lakh for taxation. These are sufficient reasons for forming reason to believe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... power of rectification, look into some other circumstances which would support or not support its conclusion so arrived at. The mistake which the Tribunal is entitled to correct is not an error of judgment but a mistake which is apparent from the record itself. We are of considered view that in the guise of rectification, the assessee is seeking review of the order of Tribunal, which is beyond the scope of powers as envisaged u/s. 254(2) of the Act. 7. That further, the contentions raised in the Miscellaneous Application, the assessee has stated that only the legal grounds has been adjudicated whereas, grounds on merits remain un-adjudicated. For this fact of the matter, we observe in our order dated 07.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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