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2020 (5) TMI 406 - AT - Income TaxRectification of mistake u/s 254 - eligibility for deduction u/s 80P - DR further submitted that the Tribunal did not considered CBDT’s Circular No. 6/2010 dated 20.09.2010 which clarified and Circular No. 319 dated 11.01.1982 deeming RRB’s to be cooperative societies stands withdrawn for application with effect from 2007-08 - HELD THAT:- Order was passed on 18.09.2018 therefore, the Misc. Application ought to have been filed on or before 31.03.2019, but the Revenue filed the Misc. application on 10.04.2019. Present Misc. Application is time barred. The revenue has not made the case that the Misc. Application is filed within the stipulated time limit given under the Act. Besides this, the appeal filed by the Revenue is disposed off on merits and department has not filed any appeal before the Hon’ble High Court. Order has attained finality. The Circular No. 6/2010 dated 20.09.2010 which has been taken in grounds of appeal is not applicable in the present case as the assessee is a Co-operative Society and is not a Regional Rural Bank. This circular has withdrawn the benefit of Sec. 80P in case of RRB’s only. The decision in CAVALIER TRADING PVT. LTD., KALPIT TRADING PVT. LTD. VERSUS DY. COMMISSIONER OF INCOME TAX - OSD-II, CENTRAL RANGE 7 & ANR. [2020 (2) TMI 271 - BOMBAY HIGH COURT] also supports the case of the assessee, since the present Misc. Application is barred by limitation. The department is seeking judicial review of the order passed by the Tribunal which is not permissible under the Income Tax Act. We have considered all the aspects in the order dated 18.09.2018. The Ld. DR could not point out any apparent mistake in the order of the Tribunal, therefore, there is no need to rectify the order. Thus, Misc. Application filed by the Revenue is dismissed.
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