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2020 (12) TMI 123 - AT - Income TaxRectification of mistake u/s 254 - Disallowance u/s.14A of the Act r.w.r. 8D(2)(iii) - whether non-consideration of the Hon’ble Supreme Court judgement would constitute a mistake apparent on record within the meaning of Section 254(2) - HELD THAT:- Admittedly assessee had infact made reference to the decision of the Hon’ble Apex Court in the case of Godrej & Boyce Manufacturing Company Limited [2017 (5) TMI 403 - SUPREME COURT] and the same had not been considered by this Tribunal while addressing the issue in dispute. Hence, we deem it fit that this is a mistake apparent on record warranting rectification u/s. 254(2) of the Act. Since, we hold that the order deserved to be recalled on the aforesaid ground, the alternative ground raised by the assessee i.e. restricting disallowance of expenses u/s.14A of the Act to ₹ 50,000/- alone, is hereby left open in view of recalling of the order. Accordingly, the order for A.Y.2008-09 passed by this Tribunal is hereby recalled. Miscellaneous Applications preferred by the assessee are allowed.
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