Binding precedent can convert a debatable issue into a rectifiable mistake, and procedural objections cannot block reconsideration.

A point covered by a binding Supreme Court or jurisdictional High Court decision is not a debatable issue and may constitute a mistake apparent from the record. The Tribunal was required to consider the subsequently pointed out Supreme Court ruling, since it had already been pronounced before the appeal was decided, even if reported later. A change in the representative appearing in rectification proceedings was irrelevant, because the matter depended on the record and not on who appeared. The rejection of rectification was therefore unsustainable and was set aside, with the matter remanded for fresh consideration after hearing both sides.

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Issues: Whether the Tribunal was justified in rejecting the application for rectification of mistake when the controversy stood covered by the jurisdictional High Court and Supreme Court decisions, and whether the fact that a different representative appeared in the rectification proceedings could defeat the application.

Analysis: A point ceases to be debatable once it is covered by a decision of the Supreme Court or the jurisdictional High Court, and such a decision declares the law as it always was. The Tribunal was therefore bound to consider the subsequently pointed out Supreme Court decision, particularly when it had already been pronounced before the Tribunal decided the appeal, though it was reported later. The reason based on change of representative was held to be irrelevant, as the matter turned on the record and the Tribunal could not refuse consideration merely because a different person appeared in the rectification proceedings.

Conclusion: The rejection of the rectification application was unsustainable and was set aside. The Tribunal was directed to rehear and decide the rectification application in accordance with the settled legal position after giving both sides an opportunity of hearing.

Final Conclusion: The assessee succeeded in getting the adverse rectification order quashed and the matter sent back for fresh consideration on merits.

Ratio Decidendi: A legal issue covered by a binding decision of the Supreme Court or the jurisdictional High Court is not a debatable mistake and may be rectified as a mistake apparent from the record, and such rectification cannot be denied on an irrelevant procedural ground.

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