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2019 (4) TMI 1301 - AT - Income TaxRectification u/s 254 - assessee was not eligible for deduction u/s 80IB - penalty u/s 271(1)(c) imposed - mistake apparent from the record or not? - assessee delayed the filing of revised return of income - HELD THAT:- Assuming, for the sake of discussion, that the assessee has an arguable case on merits, as contended by the assessee; we cannot be persuaded to review our decision in our aforesaid order dated 11.08.2016 dismissing assessee’s appeal. It is settled law that review of an order of ITAT is not permitted in proceedings u/s 254(2) . When a party claims, contrary to a reasoned order of the ITAT on merits, to have an arguable case on merits, or even a good case on merits; even then, a review of the earlier order of ITAT is beyond the scope of Section 254(2), if there is no mistake apparent from the record in the earlier order. What is permitted u/s 254(2) is rectification of mistake apparent from the record; and not a review. There is no mistake apparent from record in our aforesaid order dated 11.08.2016. We have also already expressed that it is settled law that review of an order of ITAT is not permitted in proceedings Under Section 254(2). What is permitted Under Section 254(2) of I.T. Act is rectification of mistake apparent from the record; but there is no mistake apparent from record - Decided against assessee.
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