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2016 (10) TMI 546 - AT - Income TaxRectification of mistake - addition u/s 68 - Held that:- Tribunal has got limited power to rectify mistake u/s. 254(2) of the Act. In the case before us, the AO has not pointed out any arithmetical mistake in the order of the Tribunal nor has he proved that legal position taken by the Tribunal has altered because of subsequent judgment of the Hon’ble jurisdictional high court or the Hon’ble Apex court. The Tribunal has decided the issue after considering all the facts and provisions of law. In our opinion, no mistake is apparent, in the impugned order of the Tribunal. We would also like to mention that the case of Jansampark(2015 (3) TMI 410 - DELHI HIGH COURT), relied upon by the DR has no relevance to decide the issue before us. The matter deals with section 68 of the Act and does not deal with scope of section 254(2)of the Act. Therefore, we are of the opinion that application filed by the AO deserves to be rejected.
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