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2017 (10) TMI 627 - AT - Income TaxRealm of rectification under section 254(2) - Scope of rectification - penalty levied on 25% of the disallowance made in respect of purchases made from three parties, who were stated to be not found at their given address - ITAT held separate inquiries of the proceedings were not required to be conducted by the A.O. at the stage of penalty proceedings - Held that:- There is no dispute with regard to the fact that the scope of Section 254(2) of the Act is to the extent of any mistake apparent from record. The Tribunal cannot re-appreciate the law and the facts in the garb of rectifying the mistake. If there is any non-appreciation of fact in a particular manner which as per assessee should have been done, would not constitute a mistake. The grievance of the assessee is that the Tribunal has considered those decisions which were not cited during the course of hearing. Section 254(2) of the Act does not permit the Tribunal to review its order. The re- appreciation of facts, without any apparent factual error in the nature of facts and figures would not fall in the realm of rectification under section 254(2) of the Act. Hence, the present application is beyond the scope of the Section 254(2) of the Act. Therefore, same is hereby dismissed.
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