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2019 (9) TMI 345 - AT - Income TaxRectification u/s 254 - Disallowance by invoking section 40A(3A) - HELD THAT:- The tribunal has passed well reasoned common order for ay: 2008-09 and 2009-10 where all the contentions of both the litigating parties were dealt with. The tribunal also directed to remove double jeopardy in its order so that the assessee is not prejudiced twice for the same additions. The power of tribunal while dealing with MA u/s 254(2) is very limited to rectifying mistakes apparent from records and we have no power to review our decision. The next contention of the assessee in this MA is that the tribunal did not deal with overriding effect of Section 40A(3) wherein it is now contended that it did not override all the provisions of the 1961 Act but only override provisions of the Act dealing with computation of income under the head ‘Profit and Gains of Business or Profession’. We are afraid that this contention of the assessee is also not acceptable as tribunal duly dealt with this issue in detail We hold that the assessee has not made out any case for rectifying any mistake which is apparent from records within limited mandate of Section 254(2) and what assessee is seeking is reviewing of our order dated 04.10.2017 which is not permissible within limited mandate of Section 254(2)
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