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2022 (2) TMI 865 - AT - Income TaxRectification of mistake - Mistake apparent in exercise jurisdiction u/s. 254(2) - Tribunal overlooked the judgment of the jurisdictional High Court in the case of Deepak Extrusions (P.) Ltd.2017 (3) TMI 1257 - KARNATAKA HIGH COURT] - HELD THAT:- The judgment is of no assistance to the assessee. Failure to consider a decision or fact relied upon by a party to the appeal may not amount to a mistake apparent from the record so as to attract the provisions of section 254(2) of the Act. Considering and discussing such decision or fact by the Tribunal in its order and arriving at a conclusion based on the same cannot be said to be a mistake apparent on the record warranting any rectification by the Tribunal in exercise of its powers u/s. 254(2) - See MC DOWELL AND COMPANY LTD. [2008 (3) TMI 301 - KARNATAKA HIGH COURT] Since we have observed that the judgment relied on by the ld. counsel for the assessee in the case of Deepak Extrusions (P.) Ltd. (supra) is not applicable to the facts of the assessee’s case, the Supreme Court judgment in the case of ACIT Vs. Saurashtra Kutch Stock Exchange Ltd., [2008 (9) TMI 11 - SUPREME COURT] is of no assistance to the assessee. The scope of rectification is confined to mistake apparent on the face of the record and not a mistake with regard to debatable questions, where a conscious decision has been taken. Reference may be made to the judgment of Hon’ble Supreme Court in the case of Deva Metal Powders (P.) Ltd. v. Commissioner, Trade of Tax, U.P., [2007 (12) TMI 221 - SUPREME COURT] In the present case, a reading of the application itself shows that instead of pointing out a mistake apparent on record, the ld. AR attempts to argue out a case for review or re-writing of the order of the Tribunal. The entire arguments of the ld. AR was not to point out any obvious or patent mistake to be rectified, but to make out a case for re-argument, which cannot be permitted u/s. 254(2) - Decided against assessee.
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