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2020 (3) TMI 1188 - ITAT PUNERectification u/s mistake u/s 254 - apparent mistake in the order of Tribunal warranting rectification - as held by the Tribunal that the Assessing Officer is not entitled to reopen the assessment on the basis of opinion of the DVO and the AO had no authority to reopen the assessment u/s.147/148 of the Act and consequently, the assessment order passed u/s.143(3) r.w.s147 do not stand - HELD THAT:- There are series of decisions by the Hon'ble Supreme Court as well as Hon'ble High Court expounding scope of exercising powers under section 254(2) - core of all these authoritative pronouncements is that power 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. We make reference to the decision of the Hon'ble jurisdictional High Court in the case of ACIT Vs. Saurashtra Kutch Stock Exchange Ld. [2003 (3) TMI 70 - GUJARAT HIGH COURT]which has been upheld by the Hon'ble Supreme Court [2008 (9) TMI 11 - SUPREME COURT] - scope of section 254(2) is limited to rectification of mistake apparent from record itself and not rectification in error of judgment In view of the above and as per the Miscellaneous Application filed before us, we do not find any mistake, much less any apparent mistake that warrants rectification in the order of Tribunal [2019 (3) TMI 1752 - ITAT PUNE] The Tribunal in its own wisdom has relied on the decision of the Hon‟ble Supreme Court in the case of ACIT Vs. Dhariya Construction Company [2010 (2) TMI 612 - SC ORDER] and adjudicated the appeal of the assessee - Miscellaneous Application filed by Revenue is dismissed
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