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TMI Blog2021 (8) TMI 864X X X X Extracts X X X X X X X X Extracts X X X X ..... of the ITAT. Without prejudice to the above, assuming the findings of the ITAT is not correct than it would not amount to a mistake apparent from record which could be rectified under the provision of section 254(2) of the Act. If the decision of the ITAT is wrong than the aggrieved parties can approach to the Higher Judicial forum i.e. Jurisdictional High Court. But such findings cannot be rectified on the reasoning that there is a mistake apparent from the record. If we do so it would amount to review its own order by the ITAT which is not permissible. ITAT has passed this order after making reference to the provisions of explanation 5A to the section 271(1)(c) of the Act, and after relying on the order of ITAT in the case of Ajay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The assessee in the M.A. submitted that there was a search and seizure action u/s 132 of the Act in the case of Dhanjimama Group dated 03/07/2012. As a result of search the assessee has admitted additional income of ₹ 25,000/- in the statement furnished u/s 132(4) of the Act. Accordingly, the AO initiated the penalty proceedings under explanation 5A to section 271(1)(c) of the Act, which came to be confirmed for ₹ 7,760/- being 100% amount of tax sought to be evaded by the assessee by an order dated 08/09/2013. The penalty was subsequently confirmed by the Ld. CIT(A) vide order dated 22/01/2018 . 3.1 As per the revenue the additional income disclosed for ₹ 25,000/- was on account of incriminating documents/materi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot been any search u/s 132 of the Act. As such , we find no allegation in the MA preferred by the Revenue that there was an error apparent from the record in the impugned order of the ITAT. 6.1 Without prejudice to the above, assuming the findings of the ITAT is not correct than it would not amount to a mistake apparent from record which could be rectified under the provision of section 254(2) of the Act. If the decision of the ITAT is wrong than the aggrieved parties can approach to the Higher Judicial forum i.e. Jurisdictional High Court. But such findings cannot be rectified on the reasoning that there is a mistake apparent from the record. If we do so it would amount to review its own order by the ITAT which is not permissible. 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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