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TMI Blog2021 (3) TMI 509X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication has tried to re-argue the case and grounds raised in Miscellaneous Application are nothing but seeking before the Tribunal to review its own order which is not permissible within the purview of the Miscellaneous Application filed u/s.254(2) 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. In view of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER PER PARTHA SARATHI CHAUDHURY , JM : This Miscellaneous Application has been filed by the assessee arising out of ITA No.264/PUN/2020 u/s.254(2) of the Income Tax Act, 1961 (hereinafter referred to as the Act‟) seeking rectification in the order of Tribunal dated 25.08.2020. 2. The Ld. AR of the assessee through the miscellaneous application has tried to re-argue the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the order of the Tribunal dated 25.08.2020. That what the Ld. AR essentially wants to is re-argue the matter seeking, therefore, before the Tribunal to review its decision which is not permissible within the realm of the Miscellaneous Application filed u/s.254(2) of the Act. The assessee is seeking review of the entire order in the grab of rectification which is basically beyond the scope of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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., 262 ITR 146 which has been upheld by the Hon'ble Supreme Court reported in 305 ITR 227. 5. The Hon'ble Jurisdictional High Court in the case of CIT Vs. Ramesh Electric Trading Company reported as 203 ITR 497 has held that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o not find any mistake, much less any apparent mistake that warrants rectification in the order of Tribunal dated 25.08.2020. The Tribunal in its own wisdom had adjudicated the appeal of the assessee on merits. Therefore, we are of the considered view that the Tribunal has rightly adjudicated the issue after considering all the documents placed on record. Accordingly, Miscellaneous Application fil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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