TMI Blog2018 (6) TMI 527X X X X Extracts X X X X X X X X Extracts X X X X ..... n application for rectification of mistake. If such an application is entertained, then in every case, wherever the interpretation may be not suitable to the assessee, to unsettle the legal position application will be filed before every bench. That scope is not available under the provisions of rectification of mistake - there is no apparent error in the order. The only remedy lies is with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at interest will be applicable only when the right to refund arose 2. Shri Surinder Mehra, Learned Chartered Accountant, appearing on behalf of applicant submits that the Hon'ble Tribunal, wrongly interpreted the judgment of the Hon'ble Supreme Court in the case of Ranbaxy Laboratories Ltd (supra). According to the said judgment interest arises immediately after three months from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt mistake in the order which needs to be rectified. Learned Chartered Accountant relies on the judgment of the Hon'ble Supreme Court in Assistant Commissioner, Income Tax v. Saurashtra Kutch Stock in Civil Appeal No. 1171 of 2004 dated 15/09/2008. 5. Shri Dilip Shinde, Learned AR appearing for Revenue, supports the order of the Tribunal. He submits that the Tribunal has considered the ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew that if such an application is entertained, then in every case, wherever the interpretation may be not suitable to the assessee, to unsettle the legal position application will be filed before every bench. That scope is not available under the provisions of rectification of mistake. Therefore, I do not find any apparent error in the order. The only remedy lies is with the Hon'ble High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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