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2018 (8) TMI 1640 - ITAT BANGALOREApplication of rectification of mistake u/s 254(2) - Penalty u/s.271D or 271E - acceptance of loan and its repayment in cash so as to attract the provisions of Sec.269SS and 269T - rectification of mistake as tampering of the impounded records find - Held that:- Admittedly, when the appeal was heard by the Tribunal no allegation of tampering of records was ever put forth on behalf of the revenue. When the appeal was heard by the Tribunal on 4.12.2014, there was already correspondence regarding tampering of records but still nothing was brought to the notice of the Tribunal when the appeal was heard. As rightly pointed out by the learned counsel for the Assessee, the MA does not disclose as to when the tampering was discovered and as to why the allegations regarding tampering were not brought to the notice of the Tribunal when the appeals were heard by the Tribunal. Besides the above, the position as on today is that there is no material to show that there was in fact tampering of impounded material and therefore the conclusion of the CIT(A) that there was no acceptance of loans in cash or repayment of loans in cash in the case of the Assessee violating the provisions of Sec.269SS & 269T of the Act holds good. No evidence to show as to who was responsible for tampering of the records. In this scenario, it is difficult to proceed on the assumption that the findings of the CIT(A) that there was no acceptance of loans in cash or repayment of loans in cash in the case of the Assessee violating the provisions of Sec.269SS & 269T of the Act emanating from the impounded documents is incorrect. We also agree with the submission of the learned counsel for the Assessee that in the garb of a miscellaneous application u/s.254(2) of the Act, one cannot seek review of the order of the Tribunal. The Tribunal does not have powers to review its own orders u/s.254(2) of the Act and the power u/s.254(2) of the Act is only to rectify mistakes apparent on the face of the record. MA dismissed.
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