TMI Blog2020 (5) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... the stipulated time limit given under the Act. Besides this, the appeal filed by the Revenue is disposed off on merits and department has not filed any appeal before the Hon ble High Court. Order has attained finality. The Circular No. 6/2010 dated 20.09.2010 which has been taken in grounds of appeal is not applicable in the present case as the assessee is a Co-operative Society and is not a Regional Rural Bank. This circular has withdrawn the benefit of Sec. 80P in case of RRB s only. The decision in CAVALIER TRADING PVT. LTD., KALPIT TRADING PVT. LTD. VERSUS DY. COMMISSIONER OF INCOME TAX - OSD-II, CENTRAL RANGE 7 ANR. [ 2020 (2) TMI 271 - BOMBAY HIGH COURT] also supports the case of the assessee, since the present Misc. Applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the Tribunal did not considered CBDT s Circular No. 6/2010 dated 20.09.2010 which clarified and Circular No. 319 dated 11.01.1982 deeming RRB s to be cooperative societies stands withdrawn for application with effect from 2007-08. The Ld. DR submitted that the Tribunal has not considered its own order in the case of the assessee in ITA No. 6730/Del/2013 for A.Y. 2007-08 in which the issue in dispute has been set aside to the file of the CIT (A) to verify whether the assessee is eligible for deduction under Section 80P of the Income Tax Act or not in view of the Circular No. 6/2010 dated 20.09.2010. 3. The Ld. AR submitted that the Misc. Application is barred by limitation. As per Sec. 254(2) of the Income Tax Act, 1961, the Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er passed by it while disposing of the appeal and shall make such amendment if the mistake is brought to its notice by the assessee or by the Assessing Officer. Substance of Section 254(2) of the Act is rectified 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. 10. 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 re-hearing of the appeal which is not permissible in law. In our view, Writ Petition does not appear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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