2018 (4) TMI 1896

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....eema Meena (JCIT) ORDER PER: VIJAY PAL RAO, J.M. By way of this miscellaneous application the assessee is seeking recalling of the order dated 11.02.2016 of this Tribunal on the ground that there is a mistake apparent on record to the extent of not considering the correct facts on the issue of validity of reopening of the assessment. 2. The ld. AR of the assessee has submitted that the asse....

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....d the consequential long term capital gain. However, the AO while disposing of the objections vide order dated 26.11. 2010 again committed mistake for not considering the true facts. He has further submitted that the Tribunal while passing the impugned order has also not considered this fact of disclosing the said amount in the return of income but the issue has been decided on the basis that the ....

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....r the year under consideration on 30.06.2003. The AO reopen the assessment by recording the reasons as under:- " it has come to the notice of the undersigned that the assessee Sh. Shambhu Dayal Saraf S/o Sh. Madan Lal Saraf C/o M/s Saraf & Co. C.A. 1st Floor Shop No. 216-217 Kishanpole Bazar, Jaipur has made transactions worth Rs. 5,60,845/- with MKM finsec.through two DD of Rs. 2,50,000/-, date....

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....ssessment. We find that this is purely a factual aspect pertains to the discloser of the income by the assessee in the return of income which was considered by the AO as not disclosed by the assessee while recording the reasons for reopening of the assessment. Therefore, this issue is more a factual in nature then, the legal as to whether the Assessing Officer has considered the correct facts whil....