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TMI Blog2013 (6) TMI 573X X X X Extracts X X X X X X X X Extracts X X X X ..... l as well as non-mutual activities cannot be termed mistake apparent from record. It is not the case of the assessee that any judgment delivered by the Hon'ble jurisdictional High Court or Supreme Court relied by the assessee have not been considered. By a long drawn process of reasoning assessee wants to review the order of 16th November, 2012 which is not permissible as per the provisions of section 254(2). Rectification available to the Tribunal u/s.254(2) cannot be exercised on failure of the Tribunal to consider an argument advanced by either party for arriving at a conclusion because it is an error of judgment and not an error apparent on the record. See CIT Versus Ramesh Electric And Trading Co. [1992 (11) TMI 32 - BOMBAY High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he order of the Tribunal, that in relation to Ground of Appeal No.1Tribunal had restored the matter back to the file of the AO for deciding upon mutual as well as non-mutual activities, that Ground no.2 was decided on the assumption that there was loss arising from the source of income altogether exempted from tax, that in view of the question of exemption of income having been sent back to the AO for decision afresh the issue of set-off of so-called loss arising did not survive. 2. Before us Authorised Representative(AR) submitted that there were mistakes in the order passed by the Tribunal that by not remanding back the ground no.2 to the file of AO ITAT had committed an error that submission of section 14A was not mentioned by the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inciple of taxation jurisprudence a patent, manifest and self-evident error which does not require elaborate discussion of evidence or arguments to establish it, can be said to be an error apparent on the face of the record and can be corrected while applying provisions of section 254(2) of the Act. In other words an error cannot be said to be apparent on the face of the record, if one had to travel beyond the record to see whether the judgment was correct or not ?An error apparent on the record means an error which strikes on mere looking and does not need a long drawn out process of reasoning on points on which there might be conceivably two opinions. It is also said that if the view accepted by the Tribunal in the original judgment is on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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