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2020 (10) TMI 1145 - AT - Income TaxRectification of mistake u/s 254 - period of limitation of 6 months - Miscellaneous Petitions with regard to deduction u/s. 80P - HELD THAT:- Tribunal is a creature of the statute. It has not having power to read in or read out of a provision of law. The Legislature in its wisdom has laid down the law and the specific provision relating to the powers of rectification of mistakes in the order of the Tribunal is in section 254(2). As per section 254(2) the Tribunal may at any time within six months from the end of the month in which the order was passed, it could amend the same if the mistake apparent on record is brought to its notice by the assessee or by the AO. It shows that the time limit of six months is binding on the hands of the Tribunal. This is in line with the decision of the Bombay High Court in the case of Principal CIT vs. ITAT [2020 (2) TMI 129 - BOMBAY HIGH COURT]. As six month period from the end of the month in which the orders were passed has expired, the orders passed by the Tribunal in the above cases cannot be disturbed by the Tribunal. Consequently, the miscellaneous petitions filed by the Revenue stand dismissed.
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