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2015 (8) TMI 880 - AT - Income TaxRectification of mistake - interest income of the assessee should be considered for the purpose of computation u/s 11 of the Act because the assessee is duly registered u/s 12A/12AA of the Act but this aspect of the matter has inadvertently escaped the attention of the Tribunal - Held that:- Assessee has given in writing to the Assessing Officer that although the assessee trust is registered u/s 12AA with effect from 03/02/81 but the assessee has claimed exemption u/s 10(23C) and not u/s 11 of the Act. Even after this finding of the A.O. in the assessment order, no such ground was raised by the assessee before CIT(A) that the case of the assessee should be considered for exemption u/s 11 and no such appeal has been filed by the assessee before the Tribunal also because out of these 4 appeals, 3 appeals are filed by the Revenue and although an appeal was filed by the assessee for assessment year 2006-07, no such ground is raised by the assessee in that year also that the case of the assessee should be considered u/s 11 of the Act. Now by way Misc. Applications, the assessee is raising this argument/contention that the case of the assessee should have been considered u/s 11 of the Act. Such a claim cannot be entertained in Misc. Application proceedings because the proceedings u/s 254(2) are in respect of any apparent mistake in the Tribunal order and when no such claim of exemption u/s 11 was raised by the assessee before the Assessing Officer or before CIT(A) or before the Tribunal, it cannot be said to be an apparent mistake in the Tribunal order. Hence, we do not find any merit in any of the Misc. Applications filed by the assessee. - Decided against assessee.
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