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2019 (4) TMI 850 - AT - Income TaxRectification application u/s 254 - Period of limitation - HELD THAT:- The date of receipt of the order i.e. 23/01/2018, the application is within time and therefore, we proceed to dispose-off the same as argued before us. Disallowance of lease premium would need correction since while adjudicating the issue, reliance was placed on the decision of this Tribunal for AYs 2007-08 & 2008-09 wherein the matter was decided against the assessee - HELD THAT:- Upon perusal, we concur with the same. Accordingly, the last line of para 10 in the stated order may be read as under - Following the orders for earlier years, we dismiss ground no. 5 Applicability of provisions of Section 36(1)(viii) to the assessee - assessee’s claim was allowed by the Tribunal relying upon the orders of the Tribunal in assessee’s own case for AYs 2007-08 & 2008-09 - HELD THAT:- Upon perusal of para 6, we find that it is true that these facts were already noted by the bench while adjudicating the issue. It is not the case of the revenue that certain facts were overlooked which resulted into certain error in the order. The only point urge is that the decision is not acceptable since the issue has not been considered in proper perspective. However, when the decision has been rendered with due appreciation of facts and there are no slippages, it could not be said that there was mistake apparent from record which was amenable to rectification. There is no power with Tribunal to review the issues unless expressly provided under law. Further, the revenue has an alternative remedy under law to contest the decision before higher judicial authorities. Therefore, finding no mistake apparent from record, this plea stand rejected.
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