Rectification under section 254(2) is limited to apparent mistakes; reargument on merits cannot sustain review or recall.

Section 254(2) permits only rectification of a manifest mistake apparent from the record; it does not allow review, recall, or rehearing on merits. An application that merely reargues the assessee's interpretation, alleges non-consideration of submissions, or challenges the earlier decision on merits cannot be treated as a rectifiable error. No mistake apparent from the record was shown, so the Miscellaneous Application was not maintainable as a request for review or recall.

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Issues: Whether the Miscellaneous Application disclosed any mistake apparent from the record warranting rectification under section 254(2) of the Income-tax Act, 1961.

Analysis: The Tribunal held that the application was, in substance, an attempt to reargue the appeal on merits. It reiterated that its power under section 254(2) is confined to rectifying manifest mistakes apparent from the record and does not extend to review, recall, or rehearing of the matter. The Tribunal also noted that non-acceptance of the assessee's interpretation, alleged non-consideration of contentions, or challenge to the merits of the earlier decision could not be treated as a rectifiable error under section 254(2).

Conclusion: No mistake apparent from the record was established and the Miscellaneous Application was not maintainable as a request for review or recall.

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