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| The Tax Publishers2020 TaxPub(DT) 4760 (Mum-Trib) INCOME TAX ACT, 1961
Section 254(2)
Only because the decision of the Tribunal is not to the liking of the assessee, he cannot seek review of the appeal order by taking recourse to section 254(2). He has a proper remedy of appeal before the High Court under section 260A.
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Appeal (Tribunal) - Rectification under section 254(2) - Tribunal decision not allowing assessee's claim of deduction under section 54(1) -
Assessee was not satisfied with the reasoning of the Tribunal making disallowance of assessee's claim of deduction under section 54(1). Therefore, he filed rectification application under section 254(2). Held: It appears, assessee wanted the order to be passed in a particular manner. Since the order was not passed, according to his expectation, therefore, he has come up with the plea that the appeal order suffers from mistake apparent on the face of record. If the assessee is not agreeable to the reasoning of the Tribunal while deciding the appeal, he has a proper remedy of appeal before the High Court under section 260A. However, that cannot be a reason to seek redressal under section 254(2), which is clearly envisaged for rectifying mistake apparent on the face of record.
REFERRED :
FAVOUR : Against the assessee.
A.Y. :
IN THE ITAT, MUMBAI BENCH
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