|The Tax Publishers2021 TaxPub(DT) 0300 (Sur-Trib)
INCOME TAX ACT, 1961
Where Tribunal had passed the order after considering all the material placed before it and the submissions of both the parties were duly recorded in the order, the assessee cannot seek appreciation or reappreciation of the facts and evidence under the garb of rectification application, review of the order was beyond the scope of section 254(2) of the Act.
Appeal Tribunal - Rectification of mistake - Assessee seeking reappreciation of facts and evidences - Allowability
Assessee filed Miscellaneous Applications for rectification /recalling of the order passed by the Tribunal on the ground that the finding of the Tribunal in its Order was not correct and the same was against the evidence on record. Held:The Tribunal had passed the order after considering all the material placed before the Tribunal. The submissions of both the parties were duly recorded in the order. In the order, it was categorically recorded that the assessee was found to be in control and possession of a palatial Bungalow in the course of search, the assessee could not corroborate the cost of construction of Bungalow as recorded in the books of account with the supporting bills. The cost of construction on investment in Bungalow was purportedly recorded in the books of account; the true value thereof could not be established by the supporting documents. Since the assessee failed to offer satisfactory cooperation toward the outlay of cost of Bungalow, the AO accordingly made his endeavour to explore the true value of Bungalow. Under the garb of rectification application, the assessee cannot seek appreciation or reappreciation of the facts and evidences. The assessee was seeking review of the order which was beyond the scope of section 254(2) of the Act.
REFERRED : ACIT v. Saurashtra Kutch Stock Exchange Ltd (2008) 305 ITR 227 SC) : 2008 TaxPub(DT) 2300 (SC) Pr. CIT v. Saumya Construction Pvt. Ltd. ITA No. 24 of 2016 : 2016 TaxPub(DT) 3466 (Guj-HC) MA No. 19/Srt/2017 in ITSSA No.541/Ahd/2011, MA No. 20/Srt/2017 in ITSSA No.271/Ahd/2010
FAVOUR : In favour of Revenue
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