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2017 (12) TMI 1686 - AT - Income TaxRectification u/s 254 - Disallowance u/s 43B - assessee has collected the said Service Tax and neither included the same in its turnover nor paid it over to the government account as required - petitioner has placed his reliance the decision of Knight Frank (India) Private Limited [2016 (8) TMI 1096 - BOMBAY HIGH COURT] but Hon'ble Bench has not adjudicated upon the same - Revenue who opposed the assessee's M.P. and sought its rejection on the grounds that the Tribunal in its impugned order for Assessment Year 2014-15 had considered the assessee's submission and adjudicated all the grounds raised by the assessee HELD THAT:- Formation of a conclusion on erroneous application of provisions of law to the facts of the case, etc cannot be held to be a 'mistake apparent from the record' warranting rectification by the Tribunal in exercise of its power under Section 254(2). By reconsidering the application of principles laid down by superior Courts to the facts of the case or by reconsidering its findings recorded, or by reconsidering the application of the relevant provisions of law to the facts of the case, in a miscellaneous petition under Section 254(2), the Tribunal would be exercising power of review of its earlier order on merits but not 'rectification of mistake apparent from the record' and such review would certainly be beyond the scope of section 254(2). In view of the aforesaid decision of MC DOWELL AND COMPANY LTD. [2008 (3) TMI 301 - KARNATAKA HIGH COURT] which is the jurisdictional High Court and which is binding on us, we are of the view that through this miscellaneous petition the assessee is seeking a review of the earlier order of the Tribunal by reconsidering the application of principles laid down by superior Courts to the facts of the case or by reconsidering its findings recorded, or by reconsidering the application of the relevant provisions of law to the facts of the case. Such a course is not permissible under Section 254(2)
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