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Section 154, read with section 68, of the Income-tax Act, 1961 - Rectification of mistake - Apparent from records - Assessing Officer made addition of share application money as undisclosed income - Commissioner (Appeals) upheld assessment order - During pendency of appeal before Tribunal, assessee relying upon an order passed by Supreme Court, filed an application for rectification before Commissioner (Appeals) which was allowed - On revenue's appeal, Tribunal noted that in original appellate order, impugned addition was confirmed not only on basis of creditworthiness but also on basis of identity and genuineness of transactions of share applicants - There was no change in facts - Whether Tribunal had correctly concluded that change in order passed earlier by Commissioner (Appeals) amounted to review which was not permissible under section 154 - Held, yes [In favour of revenue] EDITOR'S NOTE It was further held that the assessee would be at liberty to revive the appeal pending before Tribunal which was dismissed only on ground that during pendency thereof, assessee had succeeded in rectification proceedings. CASES REFERRED TO CIT v. Lovely Exports (P.) Ltd. [Application No. 11993 of 2007, dated 11-1-2008] (para 1). Sanjay Bansal and Ms. Ashima Bindlish for the Appellant. I.P. Singh for the Respondent. JUDGMENT Adarsh Kumar Goel, J. - This appeal has been preferred by the assessee under section 260A of the Income-tax Act, 1961 (for short, "the Act") against the order dated January 29, 2010 of the Income-tax Appellate Tribunal, New Delhi in I. T. A. No. 1247/DEL/2009 proposing to raise the following substantial questions of law : "(i) Whether on the facts and in the circumstances of the case, the Tribunal acted illegally and perversely in reversing the order passed by the Commissioner of Income-tax (Appeals) under section 154 of the Income-tax Act, 1961 which was in conformity with the judgment rendered by the hon'ble Supreme Court in the case of CIT v. Lovely Exports P. Ltd. [2009] 319 ITR (St.) 5 (SC) ; [2008] 216 CTR 195 as well as the Tribunal's own order in the case of the appellant for the assessment year 2003-04 ? (ii) Whether on the facts and in the…

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