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2020 (11) TMI 408 - AT - Income TaxRectification u/s 254 - disallowance of assessee’s claim of deduction under Section 54(1) - whether there is mistake apparent on the face of record - decision of the Tribunal is not to the liking of the assessee - HELD THAT:- From the submissions of the ld. AR as well as the contents of the Miscellaneous Application, prima facie, it appears that the assessee is not satisfied with the reasoning of the Tribunal. Assessee wanted the order to be passed in a particular manner. Since, the order was not passed according to his expectation, therefore, he has come up with the plea that the appeal order suffers from mistake apparent on the face of record. If the assessee is not agreeable to the reasoning of the Tribunal while deciding the appeal, he has a proper remedy of appeal before the Hon'ble High Court under Section 260A of the Act. However, that cannot be a reason to seek redressal under Section 254(2) of the Act, which is clearly envisaged for rectifying mistake apparent on the face of record. The so-called mistake pointed out by the assessee certainly cannot be said to be mistake apparent on face of record as envisaged under Section 254(2). By filing the present application, the assessee, in our view, is trying to challenge the reasoning of Tribunal in the appeal order in the guise of rectification. It is not acceptable. Only because the decision of the Tribunal is not to the liking of the assessee, he cannot seek review of the appeal order by taking recourse to Section 254(2) of the Act. - Decided against assessee.
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