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Archive: 11 January 2013

Posts in 11 January 2013

Assessee not allowed to raise same issue again in the guise of rectification before ITAT

January 11, 2013 951 Views 0 comment Print

On going through the order passed by the Tribunal, it is found that the Tribunal passed the order, after marshalling at the facts considering the submissions made before it and applying its mind to the decisions cited before it. There is no mistake in the order of the Tribunal of the nature as envisaged under section 254(2). Permitting the assessee to raise the same issues over again in the guise of rectification will amount to recalling the appellate order in its entirety and rehearing it afresh, which is not within the scope and ambit of section 254(2).

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