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2011 (7) TMI 23 - GUJARAT HIGH COURTJurisdiction u/s. 254 (2) - The Tribunal in its judgment dated 27th February 2009 committed a factual error in approaching the issue as if the assessee before the Tribunal was a subsidiary company - When pointed out by the assessee that it is a factual error, the Tribunal corrected itself; allowed the rectification application, and passed consequential order changing the previous order - Find that the Tribunal has exercised power of review and it had only corrected an error which was apparent on the face of the record - Held that:- though we are not opposed to the contention of the counsel for the Revenue that while exercising power for rectification, the Tribunal cannot exercise substantive power of review, in the present case, such a question does not arise.
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