2019 (10) TMI 190

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....ly served but none appeared on behalf of the assessee. In earlier dates of hearing i.e. on 30.08.2019, neither the assessee nor his authorized representative was present and even on 13.09.2019, at the request of the Ld. 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 fail....

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....ount of Rs. 16.04 Lakh for taxation. In view of above, the Assessing Officer has reason to believe the amount of Rs. 16,04,400/- escaped the assessment within the meaning 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 ....

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....on'ble High Court are as under: "The Tribunal cannot, in exercise of its 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 th....