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2016 (5) TMI 919 - AT - Income TaxRectification of mistake - there being no retraction of the declaration of ₹ 28 Lakhs the decision of the Hon'ble Tribunal with the assumption that applicant has retracted the declaration and sustaining the addition of ₹ 17,23,824/- is not correct on facts - Held that:- We do not find any merit in the Miscellaneous Application filed by the assessee. The main thrust of the assessee in the Miscellaneous Application is that assessee has not retracted the declaration made that the amount of ₹ 28,00,000/- is not required to be added since the same gets covered in the excess cash of ₹ 45,00,484/- and that certain observations made in Para 15 of the order are not correct. We have again gone through the findings given at Para 15 to 17 of our order, vis-ŕ-vis the contents of the Miscellaneous Application and find that the assessee through this Miscellaneous Application requests the Tribunal to rectify certain mistakes which the assessee believes to have occurred. Such request of the assessee to rectify the order u/s.254 of the I.T. Act, in our opinion, amounts to review of its own order by the Tribunal, which is not permissible in law. The Tribunal has passed an elaborate and speaking order after considering the entire facts on record, the declaration made during the course of search/survey and the return filed in response to notice u/s.153A and has given reasons as to how & why the amount of ₹ 17,23,824/- has to be sustained. In our opinion, there is no apparent mistake in the order passed by the Tribunal. We therefore do not find any merit in the Miscellaneous Application filed by the assessee and accordingly dismiss the same. - Decided against assessee.
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