TMI Blog2019 (5) TMI 1423X X X X Extracts X X X X X X X X Extracts X X X X ..... apparent on record, hence, the order required to be rectified to this extent that the share held as stock in trade required to be excluded while calculating the disallowance u/s 80D(2)(iii) - HELD THAT:- On appraisal of the finding, we noticed that the matter of controversy has been adjudicated on merits. Any change on merits nowhere comes with the provisions u/s 254(2) of the Act, 1961. Moreover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of ITA. No. 680/M/16 for the A.Y.2010-11 decided on dated 29.05.2018. 2. It is averred by the applicant that the Hon ble Bench has decided the ITA. No.680/M/2016 for the A.Y.2010-11 by virtue of order dated 29.05.2018 by allowing the appeal of the assessee. The appellant took the plea that the share held as stock in trade is not required to be considered as investment for the purp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n merits nowhere comes with the provisions u/s 254(2) of the Act, 1961. Moreover, required rectification would tantamount review of the appeal which is not permissible in accordance with law. Taking into account, all the facts and circumstances, we are of the view that the present miscellaneous application nowhere deserves to be allowed, therefore, we dismissed the miscellaneous application. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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