2021 (1) TMI 398 - ITAT SURAT - Income Tax

Head Note / Extract:
Rectification of mistake u/s 254 - penalty under section 271(1)(c) confirmed by Tribunal - HELD THAT:-Tribunal has considered that since in quantum proceedings the assessee`s appeal was dismissed and additions sustained by the ld CIT(A), has been confirmed. We note that ld Counsel submitted various case laws relating to penalty under section 271(1)(c) which relates to interpretation of legal issue vis-à-vis facts. To examine the legal interpretation and to examine the finding of the Tribunal is nothing but review of its own order, which is not permitted under the Act. Power to rectify an order, under section 254(2) of the Act is extremely limited and it does not extend to correcting errors of law, or re-appreciating factual findings. The plain meaning of the word 'apparent' is that it must be something which appears to be ex-facie and incapable of argument and debate. Under section 254(2) the Tribunal has jurisdiction only to rectify mistakes apparent from record that are brought to its notice, it cannot go into the merits of the appeal again. Therefore, we dismiss the miscellaneous application of the assessee.