TMI Blog2014 (1) TMI 751X X X X Extracts X X X X X X X X Extracts X X X X ..... artners - the Tribunal has taken a conscious view in the matter of adopting a method estimation of income, while giving such a direction – thus, it cannot be termed as a mistake apparent from record, nor the Tribunal could review or modify such directions, in the guise of rectifying its order, within the scope of the provisions of S.254(2) of the Income-tax Act, 1961 – the decision of CIT V/s. Ved Prakash [1993 (4) TMI 17 - ANDHRA PRADESH High Court] followed - thus, there could not be any mistake apparent from record in the order of the Tribunal – Decided against Assessee. - M.A.No.55/Hyd/2013 (In ITA No.1357/Hyd/2012), M.A.No.56/Hyd/2013 (In ITA No.1358/Hyd/2012) - - - Dated:- 10-6-2013 - Shri Chandra Poojari And Shri Saktijit Dey,JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was a mistake apparent from record in the order of the Tribunal, which needs rectification. 3. The Learned Departmental Representative on the other hand, strongly supported the order of the Tribunal and submitted that there is no mistake apparent from record in the order of the Tribunal. 4. We have considered the rival contentions in the light of the order of this Tribunal dated 5th December, 2012. It is an undisputed fact that determination of income of the assessee form liquor business for the assessment years 2007-08 and 2008-09, by resorting to estimation, was the subject matter of appeal before the Tribunal. That being so, all the issues which have a bearing on the estimation/determination of income, become subject matter, for adju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. In arriving at the above conclusion, we are supported by the decision of the jurisdictional High Court in the case of CIT V/s. Ved Prakash (209 ITR 448)-AP, wherein it was held as follows- "If two views are possible on a point of law, and one of the alternatives is accepted by the Tribunal, it cannot be held that the mistake is apparent from the record, unless there are manifest errors which are obvious, clear and self- evident, the Tribunal cannot recall its previous order in an attempt to rewrite the order. A change of opinion by the Tribunal consisting of the same members shall not justify rectification, nor can fresh thinking brought in by new Members of the Tribunal justify rewriting of the order under the guise of rectification. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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