TMI Blog2020 (2) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... cation of mistake apparent from the record. An error or mistake apparent from the record is one which is manifest on the face of the record. No long-drawn hearing is required for rectification of such mistake. In the instant case, what we notice is that not only was there no mistake apparent from the record but in the garb of the Misc. Application, petitioner had sought for review of the final order passed by the Tribunal and for rehearing of the appeal which is not permissible in law. In our view, Writ Petition does not appear to be bonafide. We dismiss both the Writ Petitions and impose cost of ₹ 10,000/- on each of the petitions on the petitioner. - WRIT PETITION NO. 2471 OF 2019 WITH WRIT PETITION NO. 2477 OF 2019 - - - Da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ought to have restricted the estimation upto 1% proposed by the Assessing Officer, in similar circumstances in group company's appeal being ITA No. 4876/Mum/2014 in his letter / SCN dated 20.7.2001. 3. The CIT(A) is further not justified in reducing the addition / estimation to 1.5% from 3% on sales and purchases. He ought to have restricted 1% on sale or purchase either, not on both. 4. The CIT(A) is not justified in confirming the rejection of audited book results without going into the background facts and compelling circumstances to save other's skin in the proceedings before the Settlement Commission. The appellant craves leave to add, amend and modify any of the above grounds of appeal. 4.2. Thereafter, du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... modified / additional grounds were nothing but reiteration of the basic issue which was restricting the profit of the petitioner. Therefore, Tribunal held that there was no mistake apparent in the face of the record within the meaning of Section 254(2) of the Act and dismissed the Misc. Application. 7. On a query by the Court, learned counsel for the petitioner submits that as on date, petitioner has not filed appeal before this Court against the order passed by the Tribunal dismissing the appeal. 8. We have compared the grounds initially taken by the petitioner in the appeal as well as the grounds subsequently submitted by the petitioner contending those to be modified grounds. On considering the two sets of grounds, we find that Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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