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TMI Blog2020 (10) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... the Hon ble High Court was passed on 17th February 2020 [ 2020 (2) TMI 1236 - GUJARAT HIGH COURT] subsequent to the date of filing the MA by the Revenue. Thus it is inferred that the order of the Hon ble High Court was not available at the relevant point of time with the Revenue i.e. at the time of filing the MA. As the order of the ITAT has merged with the order of the Hon ble Gujarat High Court on the issue raised by the revenue in the MA as discussed above, therefore there is no question of any mistake in the order of the ITAT in terms to the provision of sub-section (2) of section 254 of the Act. The ld. DR at the time of hearing has not brought anything on record to support the grievance raised by the Revenue in the MA. Accordingl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Berger Industrial Services as per the terms of the share purchase agreement. The breakup of the recoveries of 422,08,91,206/-, called upon by the buyer of the shares, stand as under: Sr. No. Description Neo Structo Spetech Total 1. Short recovery of Nafto Gas (Net of discount) 13,74,74,271 -- 13,74,74,271 2. Write off debtors not recoverable ₹ 7,20,38,896/- and payment of various liabilities on behalf of the sellers rs.1,79,33,927) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es for the debtors and payment of various liabilities as discussed above were not verified by the authorities below and correspondingly, no confirmation was either obtained by the AO or filed by the assessee from Neo Structo Construction Pvt. Ltd and Speetech Equipment Pvt. Ltd. 4.1 Finally the ITAT in its order dated 31st July 2019 directed the AO to allow the claim of the assessee after necessary verification and examination. 5. The revenue being dissatisfied with the order of the ITAT claimed that there is a mistake in the order of the ITAT on the ground that the ITAT in its order has observed the fact that the matter needs to be examined and verified by the lower authorities in its paragraph No. 40 and 41 of the order but directed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition in relation to reduction in sales consideration to the extent of ₹ 8,85,60,312/- despite itself observing that the issue at point would also need appropriate verification by the lower The above question was answered by the Hon ble court by observing as under: 9. It is hereby clarified that the Tribunal has allowed the ground no.2 of the assessee s appeal so far as it relates to reduction in sales consideration subject to the directions issued in the same paragraph for necessary verification or examination of the claim of the assessee. Thus, tribunal has remanded the matter back to the Assessing Officer, directing him to consider in detail and verify the claim of the assessee. 7.1 As the order of the ITAT has merged w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation and examination. But the Revenue did not prefer any appeal to the Hon ble High Court in the present case. Therefore the order in the present case has not merged with the order of the Hon ble Gujarat High Court. However, the facts of the case are identical to the facts of the case as discussed in MA No. 1/SRT/2020. Accordingly he claimed that there is no mistake apparent on record in the order of the ITAT. Thus he vehemently supported the order of the ITAT. 12. On the other hand, the learned DR has not brought anything on record contrary to the arguments advanced by the learned AR for the assessee but reiterated the contentions raised in the MA filed by the revenue. 13. Heard the rival contentions of both the parties and perused ..... X X X X Extracts X X X X X X X X Extracts X X X X
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