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TMI Blog2018 (10) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... judicating grounds no.1, 2 and 3 of the appeal. The relevant part of pleadings made in the MA read as under: "1.1 Applicant submits that while adjudication first two grounds Hon'ble Tribunal escaped its attention to the following material facts which were specifically drawn to its notice in the course of hearing: (a) Agricultural income was disclosed by the partners in returns furnished in the hands of HUE and copies of returns had been furnishing indicating disclosure of agricultural income. (b) Partners in turn disclosed share in HUF income in their individual returns and claimed the same as exempt u/s 10(2). (c) Income claimed exempt u/s 10(2) has not been disturbed by the Assessing Officer while making assessment. (d) Purc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o value closing stock at reduced rate particularly when the same has been sold in the succeeding period at a lesser rate. c) Closing stock was sold at a substantially lower value in succeeding year." 3. The ld.counsel for the assessee while reiterating the submissions made in the MA also contended that the mistakes pointed out in the MA are apparent on the face of the order, and therefore, impugned order of the Tribunal cited supra deserves to be rectified. The ld.DR on the other hand submitted that all issues pointed out by the assessee in MA have already been dealt with by the Tribunal in its detailed order, and therefore, no further adjudication is required. The assessee by filing MA is trying to review the order which is not permis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is restricted to rectifying any mistake in the order which is apparent from record and does not extend to reviewing of the earlier order. By pointing out the alleged apparent errors, the assessee is trying to review entire order of the Tribunal, which is not permissible in law. Assessee in the present MA is making new found submissions, and trying to undo the order in guise of rectification. We do not find any merit in this application of the assessee, because the issues agitated in the MA have been examined and deliberated upon, and reached a conclusion on merit. Therefore, the same do not require a fresh look in the form of rectification, which is otherwise also not permissible in law. 5. In the result, Misc. Application of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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