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TMI Blog2017 (8) TMI 1454X X X X Extracts X X X X X X X X Extracts X X X X ..... ised that the initial order is passed on 6th September, 2013. Aggrieved and dissatisfied with that order, the assessee had brought the appeals to this Court. In the meanwhile, they had also filed applications for rectification of the mistakes under section 254(2) of the Income Tax Act, 1961. Those applications were pending and were decided during the course of the appeals. The assessees having succeeded therein, withdrew their substantive appeals before this Court. We have seen a good number of years, namely four years, going by and neither sub-serving the larger interest of the public or the Revenue. In the light of the above, we dismiss these petitions. We clarify that the appeals of the Revenue which stand restored to file of the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advocate for the petitioner- Revenue invites our attention to the same. The first main heading Agreement and General Terms and Conditions of Purchase (GTC for short). The complaint of the assessee is that it was not considered in arriving at the final conclusion. Then comes the second heading No.2 which reads thus : Mistake in reading the ratio of the Delhi High Court's decision in the case of Director of Income Tax v. Ericsson A.B. reported in (2012) 343 ITR 470. The third main heading is Ignoring the decisions of the Co-ordinate Benches and not constituting larger Bench in case a different view is taken. 4 On such an application which was made to the Tribunal seeking correction of the mistakes which are styled as 'apparent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able and apparent on the record cannot be corrected by reopening the concluded proceedings and issues. Precisely that is done. 7 Alternatively and without prejudice Mr. Vyas would urge that even on merits the applications do not deserve to be allowed for a correct view has been taken of the transactions and reliance placed on the Delhi High Court's judgment by the assessee was misplaced. That was rightly distinguished and the issue was covered by the decision of the Karnataka High Court in the case of Commissioner of Income Tax vs. Samsung Electronics Co. Ltd., (2011) 345 ITR 494. 8 With all pursuasive abilities at his command, Mr. Vyas has not been able to point out that the impugned order is vitiated because it refuses to take c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of the Revenue as they are, they are not going to the root of the case, namely, the maintainability of the proceedings, styled as Rectification Applications and the alleged limited jurisdiction of the Tribunal. At no stage it was the contention of the Revenue that the Tribunal has become functus officio after it delivered its order dated 6th September, 2013. If it had to re-look or re-visit that order it must be for a limited purpose and permitted by section 254 (2) of the Income Tax Act, 1961. It could not have then touched the files and the cases or the original records so as to allow the assessee to take up all pleas on merits. The merits may have been decided erroneously, but the Tribunal has that jurisdiction and within its power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are surprised that the initial order is passed on 6th September, 2013. Aggrieved and dissatisfied with that order, the assessee had brought the appeals to this Court. In the meanwhile, they had also filed applications for rectification of the mistakes under section 254(2) of the Income Tax Act, 1961. Those applications were pending and were decided during the course of the appeals. The assessees having succeeded therein, withdrew their substantive appeals before this Court. We have seen a good number of years, namely four years, going by and neither sub-serving the larger interest of the public or the Revenue. Thereafter, we find that the Revenue challenged this order of 18th November, 2016, by the present petitions which have also take ..... X X X X Extracts X X X X X X X X Extracts X X X X
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