Rectification under section 254(2) cannot be used to review a concluded Tribunal order absent an apparent mistake on record.

Rectification under section 254(2) is confined to correcting a mistake apparent from the record and does not permit reappreciation of merits or review of a concluded Tribunal decision. A Miscellaneous Application challenging the earlier order on the basis of an allegedly inapplicable transfer pricing provision was held to be, in substance, a request for review. No specific error in the reasoning or application of law was shown in the relevant paragraphs of the order, so no apparent mistake was made out and rectification was refused.

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Issues: Whether the Miscellaneous Application seeking rectification of the Tribunal's earlier order disclosed any mistake apparent from the record so as to warrant exercise of rectification powers under section 254(2) of the Income-tax Act, 1961.

Analysis: The application sought to revisit the merits of the earlier decision on the ground that the Tribunal had relied on an allegedly inapplicable pre-amendment transfer pricing provision. The Tribunal found that the earlier order had been passed on merits, that no specific mistake in the reasoning or application of law had been shown in the relevant paragraphs of the order, and that the Revenue's plea in substance amounted to a request for review. The scope of rectification under section 254(2) is confined to correction of an apparent mistake and does not extend to reappreciation or review of the Tribunal's own concluded decision.

Conclusion: No mistake apparent from the record was made out, and the request was outside the permissible scope of rectification.

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