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2014 (4) TMI 632 - HC - Income TaxApplication for seeking review – Error apparent on the face of record - Incorrect method of computation of profits adopted - Held that:- Though the assessee has not preferred any appeal as against the order dated 15.10.2004, the revenue has preferred an appeal, which is still pending - it was pointed out by the Commissioner that the adoption of figure in the denominator could only give rise to anomalous situation, which has been elaborately dealt with by the Commissioner in the order - there is no ambiguity about the gross profit for the assessement year 1998-1999 - there is no error apparent on the face of the record in the Judgment passed warranting exercise of review jurisdiction - Relying upon Inderchand Jain (Dead) vs. Motilal (Dead) [2009 (7) TMI 1029 - SUPREME COURT] - review is not an appeal in disguise - The contention raised by the applicant would in effect amount to re-arguing the entire matter - The error to be pointed out in a review application should be manifest and apparent on the face of the record and cannot be fished out by the manner of thorough re-appreciation of materials placed - The contention of the learned counsel for the assessee that the order passed by the CIT (A) was not taken into consideration also deserves to be rejected – thus, there is no error apparent on the face of the record to exercise the review jurisdiction – Decided against Assessee.
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