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2020 (2) TMI 1535 - AT - Income TaxRectification u/s 254 - disallowance of contribution to the Mahindra Academy u/s 40A(9) - HELD THAT:- The issue of contribution to Mahindra Academy had been referred back to AO by Hon lTAT in AY 2006-07 - CIT (A) has allowed the appeal on this issue for AY 2006-07 and 2007-08 in Appeal - The mistake that is apparent from the record is that the Honourable Tribunal has inadvertently adjudicated this issue by following the order for A.Y. 2008-09 instead of with reference to the last operative orders viz. order in A.Y. 2000-01 and the decision of learned CIT(A) for A.Y. 2007-08 (accepted by the Department)”. Upon careful consideration and hearing both the parties in our considered opinion mistake apparent from record has crept in the order of the tribunal in as much as latest order of the tribunal on the issue has not been considered. Accordingly the concerned ground of appeal is recalled for fresh adjudication. Disallowance of difference in exchange loss claimed as revenue expenditure - departmental representative submitted that ITAT in its order has found that the decision of honourable Supreme Court in the case of Sutlej cotton Mills [1978 (9) TMI 1 - SUPREME COURT] is directly applicable on the facts of the case - HELD THAT:- Upon careful consideration we find that ITAT has elaborately discussed the issue. It had found that the decision of honourable Supreme Court in Sutlej Cotton Mills (supra) is directly applicable on the facts of the case. Furthermore as detailed in the submission of the learned departmental representative above the other aspects raised in the miscellaneous application call for a review of the order of the ITAT in the garb of rectification of mistake apparent from record under section 254(2) of the IT Act. The submission in the Miscellaneous Application that some related issues have remained to be adjudicated are in fact aimed at getting the review of the order. This is not permissible. These issues are not arising out of the grounds of appeal before the Tribunal. Accordingly the Miscellaneous application for this issue stands dismissed.
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