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2023 (9) TMI 1418 - ITAT MUMBAIRectification u/s 254 - recall the impugned order [2022 (4) TMI 1058 - ITAT MUMBAI] dated 23.03.2022 in ITA No. 1034 & 1035/M/2010 and ITA No.2041/M/2010 to rectify the mistake apparent on record - as argued Tribunal has not considered the decision rendered in case of CIT-9 Vs. M/s. Indo American Jewellery Ltd [2013 (1) TMI 804 - BOMBAY HIGH COURT] while deciding the ground No.2 raised by the Assessee for not charging interest while extending credits to its USA-Associated Enterprises for payment of sale consideration of qua which addition has been made by AO/TPO which was required to be deleted by the Tribunal - HELD THAT:- As in the interest of justice application under consideration is being decided on merits. When the issue raised by the assessee by virtue of the ground No.2 has already been dealt with in the decision rendered by Hon’ble Bombay High Court in case of M/s. Indo American Jewellery Ltd. (supra), but the same has not been considered by the co-ordinate bench while passing the order is certainly a mistake apparent on record. Moreover, in the connected [2022 (4) TMI 1058 - ITAT MUMBAI] ITA No.1035/M/2010, MA filed on the same ground has already been allowed vide order dated 13.04.2023. So to decide the issue once for all and to further curtail the multiplicity of litigation, order passed by the co-ordinate Bench of the Tribunal is hereby recalled to decide afresh after providing opportunity of being heard to the assessee.
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