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TMI Blog2021 (1) TMI 398X X X X Extracts X X X X X X X X Extracts X X X X ..... 54(2) of the Act is extremely limited and it does not extend to correcting errors of law, or re-appreciating factual findings. The plain meaning of the word 'apparent' is that it must be something which appears to be ex-facie and incapable of argument and debate. Under section 254(2) the Tribunal has jurisdiction only to rectify mistakes apparent from record that are brought to its notice, it cannot go into the merits of the appeal again. Therefore, we dismiss the miscellaneous application of the assessee. - MA No.38/SRT/2018 [Arising out of ITA No.1011/AHD/2014] - - - Dated:- 18-12-2020 - Shri Pawan Singh, JM And Dr. A. L. Saini, AM For the Assessee : Shri Rasesh Shah CA For the Respondent : Ms Anupama Singla Sr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2,05,816 4. Satish Pathak 2,33,195 5. Ramanand Sharma 1,96,529 6. Banty Bhutwala 4,23,367 7, Bhagwandas Chaudhary 2,47,049 8. Durlabh Siddhpura 49,692 9. Karshanhai Vardoria 52,991 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 271(1)(c) of the Act and under such circumstances the penalty is not leviable on unexplained cash credit in view of the decision of Hon'ble Gujarat High Court in case of National Textiles vs. CIT - 249 ITR 0125 (Guj.) and CIT vs. Jalaram Oil Mills - 253 ITR 192 (Guj.). If it is understood that the penalty was levied for concealing the particulars of income and furnishing the inaccurate particulars of income, this cannot be done in view of the decision of the Honourable Gujarat High Court in the case of Snita Transport Pvt. Ltd. vs. ACIT- 42 taxmann.com 54(Guj.). Assessee also relied on the decision of CIT vs. Virgo Marketing Pvt. Ltd. - 171 taxman 156 (Del.) where it was held that where from a reading of assessment order, it was not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... take in the order of the Tribunal. The ld Counsel only did the interpretation of various case laws. The Tribunal has considered all the issues including issues contained in the additional ground raised by the assessee. Therefore, to examine the case laws in the order of the ITAT is not an apparent mistake, it is just review of the order of the Tribunal and therefore the order of the Tribunal should not be recalled. 8. We have heard both the parties and perused the material available on record. We note that in quantum proceedings in assessee`s own case in ITA No.614/Ahd/2008, for A.Y.2004-05, the Tribunal has dismissed the appeal of the assessee and confirmed the addition made by the assessing officer. The Tribunal has considered the case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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