2020 (1) TMI 561

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.... Assessee : Shri Rajiv Thakkar For the Revenue : Shri Kaushal Kumar And Shri S.P. Walimbe ORDER PER PARTHA SARATHI CHAUDHURY, JM : This Miscellaneous Application has been filed by Revenue u/s. 254(2) of the Income Tax Act, 1961 (hereinafter referred to as "the Act‟) seeking reviewing of its own order of Tribunal in ITA No.1667/PUN/2015 dated 29.11.2018. 2. The Ld. DR could not....

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....eous application filed by the Revenue and submitted that the order of the Tribunal dated 29.11.2018 is well reasoned and the same does not call for any review or rectification. The Ld. AR of the assessee further submitted that the Revenue has failed to point out any apparent mistake in the order warranting rectification. The Revenue is seeking review of the entire order in the grab of rectificatio....

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....wer for rectification under section 254(2) of the Act can be exercised only when mistake, which is sought to be rectified, is an obvious and patent mistake, which is apparent from the record and not a mistake, which is required to be established by arguments and long drawn process of reasoning on points, on which there may conceivably be two opinions. For fortifying this view, we make reference to....

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....n 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 Revenue is seeking review of the order of Tribunal, which is beyond the scope of powers as envisaged u/s. 254(2) of the Act. 6. In view of the above and as per the Miscellaneous Application filed before us, we do not find any mistake, much less any ap....