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2021 (1) TMI 399 - AT - Income TaxRectification u/s 254 - Assessee is requesting the Tribunal to adopt the fair market value at ₹ 600 per square meter, instead of ₹ 900 per square meter - HELD THAT:- We note that Tribunal has considered the paper book of the assessee. It is not necessary that Tribunal should consider in its concluding para each and every judgment cited by the assessee. It is not a case of the assessee that Tribunal has not considered the paper book of the assessee, for instance, the Tribunal has given a passing reference of the judgment of GKN Driveshafts (India) Ltd,[2002 (11) TMI 7 - SUPREME COURT] it means the Tribunal was aware about the judgment cited by the assessee in its paper book, however it is not necessary that the said judgment should be used by the Tribunal in its conclusion(ratio). This miscellaneous application, ld Counsel has argued the various legal issues which were already considered by the Tribunal in its order dated 12.02.2019. When an argument and debate is made by ld Counsel for a particular issue then it would not a mistake apparent in the order of the Tribunal. The Power to rectify an order, under section 254(2) of the Act is extremely limited and it does not extend to correcting errors of law, or re-appreciating factual findings. The plain meaning of the word 'apparent' is that it must be something which appears to be exfacie and incapable of argument and debate. The Recalling the entire order of the Tribunal would mean passing of a fresh order. That does not appear to be the legislative intent. Therefore, taking into account the contents of the miscellaneous application (supra), we do not find mistake apparent in the order of the Tribunal .
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