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2018 (6) TMI 1756 - ITAT MUMBAIRectification of mistake u/s 254 - determination on the exclusion of M/s. Motilal Oswal Private Equity Advisors Pvt. Ltd. is absent - HELD THAT:- We find that the omission to determine the dispute regarding exclusion of M/s. Motilal Oswal Private Equity Advisors Pvt. Ltd. from the final list of comparables is an inadvertent mistake, which has crept into the order of the Tribunal. Therefore, to the said extent the order of Tribunal is recalled qua the Ground of appeal no. 10 relating to exclusion of M/s. Motilal Oswal Private Equity Advisors Pvt. Ltd. from the final list of comparables. Inclusion of M/s. ICRA Online Ltd. and M/s. IDC India Ltd. - After considering the rival stands, we find that assessee has raised a ground relating to the inclusion of M/s. ICRA Online Ltd. and M/s. IDC India Ltd., which have been left out for determination, and the same constitutes a mistake within the meaning of Sec. 254(2) of the Act. Therefore, our order is recalled qua the Ground of appeal no. 2 to the limited extent of considering assessee’s plea for inclusion of M/s. ICRA Online Ltd. and M/s. IDC India Ltd. in the final set of comparables. Accordingly, both the parties were informed that the appeal shall be listed before a regular bench for hearing the parties on the aforesaid two aspects and appropriate determination thereof. The date of hearing was announced in the open court as 19.09.2018. Since the date of hearing has been announced in the open court, the requirement of issuance of formal notice of hearing is hereby dispensed with.
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