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2022 (11) TMI 968 - AT - Income TaxRectification of mistake u/s 254 - TDS u/s 195 - Interest paid by PE to head office on money lent by head office to PE - DTAA between India and UK - HELD THAT:- As decided in Reliance Telecom Ltd. [2021 (12) TMI 211 - SUPREME COURT] Appellate Tribunal is not required to re-visit its earlier order and to go into details on merits. As held that the powers under section 254(2) of the Act are only to rectify/correct any mistake apparent from the record. It was also further held by the Apex court that even the observations that the merits might have been decided erroneously and the ITAT had jurisdiction and within its powers the Tribunal may pass order recalling its earlier order which is an erroneous order cannot be accepted. The Apex court further held that if the order passed by the Tribunal was erroneous on merits in that case the remedy available to the assessee was to prefer an appeal before the High Court. Thus there is no mistake on record in the order passed by the Tribunal - Misc. application is dismissed.
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