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2012 (8) TMI 274 - AT - Income TaxPetition seeking rectification of the orders passed by the Tribunal on ground that subsequent decision of the Tribunal arrived at a contrary view - denial of deduction u/s 80IA on ground that business activity carried on by the assessee was not manufacturing activity - assessee engaged in business of manufacturing and filling of argon gas - denial - Held that:- The subsequent decision of the Tribunal arriving at a contrary view cannot render the earlier decision of the Tribunal suffer from mistake apparent on record particularly when the earlier decision of the Tribunal was delivered after sensibly considering the materials available before it and relying upon various decisions of the Apex Court and the jurisdictional High Court. Further Tribunal has dissected the activities involved in the processing/manufacturing/ filling of argon gas in cylinders and with the relevant materials on record came to a thoughtful conclusion that the applicant does not deserve the benefit u/s. section 80 IA since it was not carrying on any activity of manufacturing as envisaged under the Act, we are of the considered view that there is no mistake apparent on record to invoke the provisions of section 254(2) even though the decision of the Tribunal is subsequently held to be incorrect - Decided against assessee
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