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TMI Blog2020 (2) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been heard together and are being disposed of by this common order. 3. However, for the sake of convenience, relevant facts may be noted from Writ Petition No. 2471 of 2019. 4. This petition has been filed under Article 226 of the Constitution of India assailing the legality and correctness of order dated 13.3.2019 passed by the Income Tax Appellate Tribunal, "A" Bench, Mumbai ("Tribunal" for short) in M.A. No. 658/M/2018 arising out of Income Tax Appeal No. 4875/Mum/2014 for the assessment year 1999- 2000. 4.1. From a perusal of the order dated 13.3.2019, it is seen that petitioner had challenged the order of the Commissioner of Income Tax (Appeals) restricting its profit to the extent of 1.5% of the sale and 1.5% on the purchase bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer in similar circumstances in group company's appeal being ITA No. 4876/Mum/2014, in his letter / SCN dated 20.7.2007. 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." 4.3. The related appeal was heard by the Tribunal on 29.5.2018 and by order of even date, Tribunal affirmed the findings of the Commissioner of Income Tax (Appeals). 5. Petition filed a Mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apparent from the record, amend any order 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 rectification 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 rehearing of the appeal which is not permissible in law. In o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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