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2015 (2) TMI 682 - AT - Income TaxRectification of mistake - as per assessee a mistake apparent from the record has crept in the order dated 22.08.2014 as the principal submissions of the applicant that having regard to the arbitration award dated 11.04.13, the matter should have been restored to the lower authorities for decision afresh after making a serious attempt to seek compliance from Mr. Karm Sheel Oberoi in terms of the arbitration award, have been overlooked by the Tribunal while deciding the appeals of the assessee Held that:- This Tribunal has decided the matter on merits as was deemed to be justified to the prudence of the Members of the Tribunal. Neither any new fact nor any law has been brought by the ld. counsel for the assessee before us, which may be said to be escaped the attention of the Tribunal while deciding the appeal of the assessee on merits vide impugned order. Even the scope of provisions of section 254(2) is very limited and this Tribunal has got no authority to recall or review its entire order passed on merits of the case. If the assessee has any grievance against the impugned order, proper course to agitate the same is by filing an appeal before the next appellate authority i.e. the Hon’ble High Court, but, not with the present application under section 254(2) of the Income Tax Act. The Ld. A.R. has not got any right to dictate or contend that why the order has not been passed or relief has not been granted in accordance with his wishes. Since there was no mistake apparent on the record, it was advised to the Ld. A.R. that such type of frivolous applications should be avoided as it not only wastes the precious time of the litigants but also of this Tribunal and also results in financial burden upon the parties. Neither the Ld. A.R. could point out any mistake apparent on the record dated 22.08.2014 nor the Ld. A.R. could not satisfactorily explain as to why a cost should not be imposed for moving such type of frivolous application. Hence we deem it proper to impose a cost of ₹ 10,000/- each on the assessee for moving the above stated two miscellaneous applications. Decided against assessee.
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