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2019 (3) TMI 490 - AT - Income TaxRectification of mistake u/s 254(2) - mistake of making an incorrect statement before this Tribunal at the time of hearing of the main appeal which was apparently made by him without the benefit of workings of Arm’s Length Price pursuant to exclusion of comparables which are Government Companies - Order of tribunal was passed relying statement - order of the Tribunal erroneous warranting rectification - HELD THAT:- We find that it is admitted fact that the mistake was committed only by the Ld. AR at the time of hearing of the main appeal by making certain statements. Hence there cannot be any mistake that could be attributed in the order of this Tribunal within the meaning of Section 254(2) of the Act warranting rectification. In the instant case, it is the AR who had admitted by making certain statements at the time of hearing of the main appeal which was accepted and followed by Tribunal while disposing off the main appeal. We are afraid that if the argument of the Ld. AR is appreciated that it would be against the proposition of binding nature of ‘Law of Contracts’, in as much as the counsel has been appointed by the assessee by giving proper Vakalatnama in the name of the counsel and the statement and argument advanced by said counsel are to be construed to have been made on behalf of assessee and shall bind the assessee. We are not inclined to open up a Pandora box by agreeing to the proposition advanced by the Ld. AR before us in the miscellaneous application proceeding. With these observations, we do not deem it fit to recall the order passed by this Tribunal. - Decided against assessee.
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