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In favour of assessee.Considering all aspects of the law applicable to the instant case, it is trite to say that mistake must be apparent from record, which in the instant case does not appear so because the co-ordinate bench while adjudicating the appeal under challenge, though have taken note of order 27.05.2016 passed by tribunal in assessee's own case for the Asst. Year:2010-11, but also considered overall facts and judicial verdict of jurisdictional high Court as on the date of passing the order and applied its mind independently, therefore we do not find any error apparent from record.

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Section 40A(3) read with section 254 of the Income Tax Act, 1961 — Business Disallowance — There was no error apparent from record in Tribunal's order so as to invoke section 254 as assessee purchased a land from land owner and immediately sold same in form of plots to several parties and AO made disallowance under section 40A(3) as land was purchased by assessee in cash. Tribunal while taking into consideration facts that asseasee did not make any cash payments to land owner directly and sale deeds were executed directly between land owner and purchasers, deleted impugned disallowance — Income tax Officer vs. Sakum Aggarwal [2020] 180 ITD 68 (Amritsar-trib)

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