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2021 (8) TMI 864 - AT - Income TaxRectification u/s 254 - Penalty u/s 271(1)(c) was deleted - HELD THAT:- On perusal of the MA filed by the Revenue it is noticed that there is no allegation highlighting the mistake apparent from the record. The sole basis of making the request for recalling of the order is that penalty has been deleted by the ITAT without appreciating the fact that the additional income would have gone tax free, had there not been any search u/s 132 - We find no allegation in the MA preferred by the Revenue that there was an error apparent from the record in the impugned order of the ITAT. Without prejudice to the above, assuming the findings of the ITAT is not correct than it would not amount to a mistake apparent from record which could be rectified under the provision of section 254(2) of the Act. If the decision of the ITAT is wrong than the aggrieved parties can approach to the Higher Judicial forum i.e. Jurisdictional High Court. But such findings cannot be rectified on the reasoning that there is a mistake apparent from the record. If we do so it would amount to review its own order by the ITAT which is not permissible. ITAT has passed this order after making reference to the provisions of explanation 5A to the section 271(1)(c) of the Act, and after relying on the order of ITAT in the case of Ajay Trader V/s DCIT [2016 (6) TMI 422 - ITAT JAIPUR] - We hold that the order of the ITAT does not suffer from any infirmity as alleged by the Revenue - MAs filed by Revenue are dismissed.
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