Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (2) TMI 161 - ITAT MUMBAIAddition of bogus purchases - rectification of mistake - information from the Sales Tax Department regarding the bogus purchase being from hawala traders - Held that:- We find that the ITAT have gone through the order of the A.O. and the ld. CIT(A) and all the facts on record. In the facts and circumstances of the case, despite noting the decision of the Hon’ble Apex Court wherein 100% bogus purchase was confirmed, the tribunal has proceeded to grant relief of 12.5% as against 25% addition sustained by the ld. CIT(A). There is no mistake apparent from the record in the order of the Tribunal as raised by the assessee. We are of the opinion that what the assessee is seeking is a review of the order which is not permissible in the law. None of the issues raised by the assessee in the miscellaneous applications can be termed as mistake apparent from record. Issues which can be taken up u/s.254(2) of the ITAT have to be obvious and patent mistake and not something which can be established by a process of arguments and reasoning. Further on the same basis, an error in judgment also cannot be taken up as mistake apparent from record liable for rectification u/s. 254(2). Accordingly, in the background of aforesaid discussion, we find that the issue raised in the miscellaneous application cannot be a subject matter of rectification of mistake apparent from record.
|