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2020 (4) TMI 297 - AT - Income TaxRectification u/s 154 - Exemption u/s 54F denied - HELD THAT:- From the sequence of the events, it is apparent that initially the assessee did not choose to contest the dismissal of deduction u/s 54F of the Act either by way of appeal or by way of Cross objections in spite of the fact that the assessee preferred cross objections on other issues. The order of the CIT(A), therefore, on the issue under consideration had become final. The appeal of the Revenue as well as cross objections of the assessee were decided on 30.1.2014, therefore, the order of the Assessing Officer as well as order of the CIT(A) merged with the order of the Tribunal dated 30.1.2014. Now, the assessee through rectification application u/s 154 of the Act wants to play second innings which is nothing but abuse of the process of law. Even otherwise, the assessee has been given opportunity by the Ld. CIT(A) and the assessee, if was aggrieved from the said order, could have filed an appeal against the said order of the CIT(A) and even could have raised the issue through Cross objections along with other grounds which ultimately have been decided by the Tribunal vide order dated 30.1.2014. Even, the Ld. CIT(A) has rightly observed that under the provisions of section 154 of the Act, a mistake apparent on record can be rectified. However, the provisions of section 154 are not meant for re-argument of the case on merits. In view of this, even otherwise, the application of the assessee u/s 154 of the Act has rightly been dismissed by the Ld. CIT(A). - Decided against assessee.
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