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2020 (12) TMI 346 - AT - Income TaxRectification u/s.254 - deduction u/s.80-IA admissibility - reference made by the Tribunal does not relate to the issue in dispute, rather it is with respect to subsidy on Sales Tax benefit which is altogether a different issue - HELD THAT:- The power of rectification u/s.254(2) can be exercised only when the mistake which is sought to be rectified is an obvious and patent mistake which is apparent from the record, and not a mistake which requires to be established by arguments and a long drawn process of reasoning on points on which there may conceivably be two opinions. If we examine the records, then it will reveal that while adjudicating the issue, the Tribunal made reliance upon the finding which is not on the issue whether the deduction u/s.80-IA is admissible to the assessee or not. The reliance has been placed on an issue wherein benefit of subsidy on Sales Tax component was given. Therefore, we are of the view that an apparent error has crept in the order of the tribunal, it required rectification. Hence, we allow both the applications and recall the order of the Tribunal for readjudication on merit. Accordingly, the Registry is directed to restore the appeal to its original number and fix the same for fresh hearing in due course under the intimation to both the parties. As far as application filed by the Revenue is concerned, it is also identical pointing out same mistake. Therefore, this Miscellaneous Application is also treated as allowed.
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