9911796707
TMI Blog2020 (5) TMI 296X X X X Extracts X X X X X X X X Extracts X X X X ..... may conceivably be two opinions. For fortifying this view, we make reference to the decision of the Hon ble jurisdictional High Court in the case of ACIT Vs. Saurashtra Kutch Stock Exchange Ld.[ 2008 (9) TMI 11 - SUPREME COURT]. Hon ble Jurisdictional High Court in the case of CIT Vs. Ramesh Electric Trading Company [ 1992 (11) TMI 32 - BOMBAY HIGH COURT] has held that the scope of section 254(2) is limited to rectification of mistake apparent from record itself and not rectification in error of judgment - in the guise of rectification, the assessee is seeking review of the order of Tribunal, which is beyond the scope of powers as envisaged u/s. 254(2) of the Act. Miscellaneous Application filed by assessee is dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... at "there is no merit in the ground of appeal raised by the assessee in this regard. Hence, the same is dismissed." With regard to the second issue i.e. deduction claimed u/s.54F of the Act, the Tribunal relied on the decision of the Hon‟ble Bombay High Court in the case of Humayun Suleman Merchant Vs. CCIT (2016) 73 taxmann.com 2 (Bom.) which has been applied by the Pune Bench of the Tribunal in ITA No.923/PUN/2015 relating to assessment year 2009-10 vide order dated 20.12.2017 and vide Para No.7 of the order dated 20.12.2017, it has been held that "the claim of deduction under section 54 of the Act was denied to the assessee as he had not deposited the amount in capital gains scheme account by the due date of filing of the return o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal cannot, in exercise of its power of rectification, look into some other circumstances which would support or not support its conclusion so arrived at. The mistake which the Tribunal is entitled to correct is not an error of judgment but a mistake which is apparent from the record itself." We are of considered view that in the guise of rectification, the assessee is seeking review of the order of Tribunal, which is beyond the scope of powers as envisaged u/s. 254(2) of the Act. 7. In view of the above and as per the Miscellaneous Application filed before us, we do not find any mistake, much less any apparent mistake that warrants rectification in the order of Tribunal dated 21.01.2019. Accordingly, Miscellaneous Application filed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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