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2018 (12) TMI 903 - ITAT MUMBAIRectification of mistake - ITAT has not remitted the issue to the file of the Assessing Officer after admitting the additional evidence - reconsideration/reapplication of the order of the ITAT in the garb of rectifications of mistake apparent from the record - Held that:- The power of rectification under section 254(2) of the Income-tax Act can be exercised only when the mistake which is sought to be rectified is an obvious and patent mistake which is apparent from the record, and not a mistake which requires to be established by arguments and a long drawn process of reasoning on points on which there may conceivably be two opinions, as has been shown in the present case. Failure by the Tribunal to consider an argument advanced by either party for arriving at a conclusion is not an error apparent on the record, although it may be an error of judgment. Thus we find that the issue pointed out by the assessee does not fall under the realm of mistake apparent from the record liable to be rectified u/s. 254(2) - It is settled law that reappreciation/ re-adjudication is not permissible in the garb of the rectification of mistake in the order of the Tribunal. - Decided against assessee.
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