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2019 (4) TMI 1152 - AT - Income TaxRectification u/s 254 - MAT credit u/s 115JAA - HELD THAT:- Mistake apparent from record which was not considered by the Bench while adjudicating the appeal of the assessee. The assessee has again reiterated the same issue that income tax and surcharge are separate charges and stated that assessee would be entitled MAT credit of ₹ 111167334/- as against ₹ 98442398/- claimed by the assessee. After going through the Misc. Application of the asssessee in the light of the above findings we observe it is pertinent to mention that the power of rectification u/s 254(2) can be exercised only when the mistake which is sought to be rectified is an obvious patent mistake, which is apparent from the record and not a mistake which is required to be established by arguments and long drawn process of reasoning on points on which there may conceivably be two opinions. In view of the above and after considering the detailed findings of the Co-ordinate Bench in the case of the assessee, we do not find any merit in the Misc. Application of the assessee, therefore, the same is dismissed. Misc. Application of the assessee is dismissed.
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