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2015 (11) TMI 1202 - AT - Income TaxRectification of mistake - First mistake is that the amount of ₹ 60.20 lakh noted by the Tribunal in Para 6 of the Tribunal order is in fact not an investment for earning tax free income and therefore, this should not be considered as a basis for deciding the disallowance u/s 14A of the Act and in the same manner, the amount of investment of ₹ 340.80 lakh as on 31.03.2009 is also not an investment for earning tax free income and therefore, this should also not be considered for deciding the disallowance u/s 14A of the Act - Third mistake pointed out is about the amount of ₹ 709.93 lacs which should be ₹ 790.93 lacs. - Held that:- Regarding both the aspects, we find force in the submissions of the Ld. AR of the assessee to the extent that these two investment amounts should not be taken into consideration for deciding the issue about disallowance u/s 14A. We agree about third mistake. It is seen that merely because some wrong figures as on 31.03.2008 and as on 31.03.2009 are noted by the Tribunal in Para 6 of the impugned tribunal order, it cannot be said that there is an apparent mistake in the Tribunal order which will result in the change in ultimate conclusion. We have seen that even after omitting these two figures of closing stock and adoption of a correct figure in place of wrong figure of income, the result and ultimate conclusion remain the same because these figures were not at all considered as a basis for coming to this conclusion that assessee is not dealer in shares. Hence, we have already rectified Para 6 of the Tribunal order by excluding the reference to these two figures of closing stock as on 31.03.2008 ₹ 60.20 lakh and as on 31.03.2009 ₹ 340.80 lakh and we have also rectified the mistake in income, which was noted at ₹ 709.93 lakh and the correct figure of ₹ 790.93 lakh is noted in the amended Para – 6. Hence these two mistakes have been rectified. Regarding third alleged mistake that balance sheet as on 31.03.2008 and 31.03.2009 showing closing stock of shares at ₹ 2431 lakh and ₹ 795.36 lakh is not considered by tribunal is factually incorrect because both these figures are duly considered in Para 6.1 of the Tribunal order as reproduced above. Hence, the ultimate conclusion remains the same. Even if there is a mistake in the tribunal order in coming to this conclusion that the assessee is not a dealer in shares, such mistake, if any, is not an apparent mistake rectifiable u/s 254 (2). Accordingly, both the MAs of the assessee stand disposed of in the terms indicated above.
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