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2018 (10) TMI 1590 - AT - Income TaxRectification of mistake - mistake apparent from record - Held that:- We find that the alleged error pointed out by the assessee while considering the issue in dispute, the Tribunal had detailed discussion on legal as well as on factual aspects and no fresh exercise is required. We find that the scope of sub-section (2) is restricted to rectifying any mistake in the order which is apparent from record and does not extend to reviewing of the earlier order. It is settled position of law that reconsidering the findings recorded, or reconsidering application of relevant provisions of law to facts of case, such a course is not permissible under section 254(2). Therefore, we are of the view that by pointing out the alleged apparent errors, relying on new found and repeated submissions, the assessee is trying to review and revisit entire order of the Tribunal, which is not permissible in law. We do not find any merit in this application of the assessee, because the issues agitated in the MA have already been examined and deliberated upon, and reached a conclusion on merit. MA, therefore, fails.
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