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2018 (8) TMI 1641 - AT - Income TaxApparent mistake rectifiable under section 254(2) - Held that:- It is to be remembered that an oversight of a fact cannot constitute an apparent mistake rectifiable under section 254 (2) of the Act. Similarly, failure of the Tribunal to consider an argument advanced by either party for arriving at a conclusion, is not an error apparent on the record, although it may be an error of judgment. The mere fact that the Tribunal has not allowed a deduction/claim/rebate,even if the conclusion is wrong, will be no ground for moving an application under section 254(2) of the Act. Further, in the garb of an application for rectification, the assessee cannot be permitted to reopen and reargue the whole matter, which is beyond the scope of section 254 (2) of the Act. Failed to file the paper book and other documents during the course of hearing, before the Bench, is not a mistake apparent from record, therefore, we dismiss the miscellaneous application filed by the assessee. Miscellaneous Application of the assessee is dismissed.
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