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2012 (10) TMI 717 - AT - Income TaxRectification application - Mistake apparent from the record - date of letter of first letter of the assessee in the re-assessment proceedings is 28.9.2004 and not 28.2.2004 - Held that:- In order to attract the application of section 254(2), a mistake must exist and the same must be apparent from the record. The power to rectify the mistake, however, does not cover cases where a revision or review of the order is intended. A mistake which can be rectified under section 254(2) is one which is patent, which is obvious and whose discovery is not dependent on argument or elaboration. Recalling of the order is not permissible under Section 254(2). As decided in Ras Bihari Bansal Vs. Commissioner of Income Tax [2007 (4) TMI 47 - HIGH COURT, NEW DELHI] it is well settled that an oversight of a fact cannot constitute an apparent mistake rectifiable under this section. Similarly, failure of 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. The mere fact that the Tribunal had not allowed a deduction, even if the conclusion is wrong, will be no ground for moving an application under section 254(2). Further, in the garb of an application for rectification, the assessee cannot be permitted to reopen and re-argue the whole matter, which is beyond the scope of the section - dismissal of application of the assessee being devoid of any merits as the assessee has not been able to point out any apparent mistake in the order passed by the Tribunal and in case application of the assessee is accepted, it would tantamount to review of the order of the Tribunal which is not permissible - against assessee.
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