Trobunal judgement

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NITIN SHARMA

NITIN SHARMA (Querist)

26 January 2013 the judgement of ITAT can be reveue by itat.

Pankaj Gupta

Pankaj Gupta (Expert)

26 January 2013 ITAT cannot review its own order passed under section 254(1). However it can rectify a mistake apparent from record in its order passed under section 254(1) by passing a rectification order under section 254(2) .

NITIN SHARMA

NITIN SHARMA (Querist)

27 January 2013 What is mistake apparet on record

Pankaj Gupta

Pankaj Gupta (Expert)

27 January 2013 It means that kind of mistake on which two different views are not possible. Like for example, as per law depreciation to be allowed is 10% while ao allowed 5%. Here it is mistake apparent from record as nobody can express his view that depreciation should have been allowed at 5%. Ie those mistakes for which no investigation is required to be conducted.

Pankaj Gupta

Pankaj Gupta (Expert)

27 January 2013 Pls let me know if you want me to elaborate it more clearly.

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