9911796707
TMI Blog2024 (4) TMI 1246X X X X Extracts X X X X X X X X Extracts X X X X ..... y of the captioned Miscellaneous Application, the Revenue has sought to point out that a mistake apparent from record within the meaning of section 254(2) of the Income Tax Act, 1961 (in short 'the Act') has crept in the order of the Tribunal dated 22.02.2023. 2. The learned Senior Departmental Representative (ld. Sr. DR) for the Revenue argued that while deciding the appeal on the issue of the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on merit; therefore it should not be recalled, as there is no mistake apparent from record. 4. We have heard both the parties and perused the material available on record. We note that learned Senior Departmental Representative (ld. Sr. DR) for the Revenue argued that the disallowance of bogus purchases in the case of textile industries is at the rate of 12.5% instead of 6% and therefore, Ld DR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed], with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1), and shall make such amendment if the mistake is brought to its notice by the assessee or the [Assessing] Officer. Provided that an amendment which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oof. Therefore, amendment of an order under section 254(2) of the Act, does not mean entire obliteration of order originally passed by the Tribunal and its substitution by a new order of Tribunal, this is not permissible under section 254(2) of the Act. Power to rectify an order, under section 254(2) of the Act is extremely limited and it does not extend to correcting errors of law, or re-apprecia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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