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2016 (6) TMI 1133 - ITAT KOLKATA

2016 (6) TMI 1133 - ITAT KOLKATA - TMI - Rectification of mistake - Held that:- Jurisdiction u/s.254(2) of the Act can be exercised only to rectify an error apparent on the face of the record. The contention in the miscellaneous application, even if true, cannot give raise to any mistake in the order of the Tribunal apparent on the face of the record. - The miscellaneous application, in our view, cannot therefore be entertained and the same is hereby rejected. - M.A.No.07/Kol/2016 A/o ITA No .....

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.12.2015. The Assessee filed a letter praying for withdrawing of the appeal. The request was accepted and the appeal was dismissed as withdrawn. 3. In this miscellaneous petition, it has been submitted by the Assessee that the issue which was disputed by the Assessee in the aforesaid appeal was decided against the Assessee in the case another Assessee s case viz., DCIT Vs. Mcleod Russel India Ltd. ITA No.2093/Kol/2010. It appears that the Assessee came across a decision rendered by the Hon ble I .....

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