2018 (6) TMI 1715

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..... concluded by the decision of this Court in Safari Mercantile [ 2016 (6) TMI 1313 - BOMBAY HIGH COURT ] and Gyan Constructions [ 2015 (1) TMI 1427 - BOMBAY HIGH COURT ] that while dealing with the application for rectification, the Tribunal where it finds there is an error apparent on record, then it should recall the original order and place the Appeal for consideration of the issue on merits .....

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..... for rectification of its order dated 25th May, 2017. The application was made under Section 254(2) of the Income Tax Act, 1961. 3. The primary grievance of the petitioner in its rectification application to the Tribunal is that the order passed on 25th May, 2017 after recording the petitioner's submission that the provisions of Section 11(1) Explanation 2 of the Act would warrant its appea .....

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..... he learned Counsel for the respondent submits to the order of this Court. 6. We find that the issue is no longer res judicata as it stands concluded by the decision of this Court in Safari Mercantile (supra) and Gyan Constructions (supra) that while dealing with the application for rectification, the Tribunal where it finds there is an error apparent on record, then it should recall the origina .....

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