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    <title>1998 (12) TMI 115 - ITAT NAGPUR</title>
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    <description>The dominant issue was whether the Tribunal&#039;s earlier order contained a &quot;mistake apparent from the record&quot; warranting rectification. The Tribunal held that, having already allowed the taxpayer&#039;s appeal on the jurisdictional ground that reassessment under s.147(b) was invalid, it was unnecessary and erroneous to proceed to decide the merits, and doing so without considering the taxpayer&#039;s written submissions constituted a patent error causing miscarriage of justice and unwarranted adverse remarks. Relying on the principle that courts/tribunals must correct their own mistakes to prevent injustice (as recognized by the SC in S. Nagaraj), the Tribunal allowed the rectification application and directed correction of the impugned portion of its order.</description>
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      <title>1998 (12) TMI 115 - ITAT NAGPUR</title>
      <link>https://www.taxtmi.com/caselaws?id=70833</link>
      <description>The dominant issue was whether the Tribunal&#039;s earlier order contained a &quot;mistake apparent from the record&quot; warranting rectification. The Tribunal held that, having already allowed the taxpayer&#039;s appeal on the jurisdictional ground that reassessment under s.147(b) was invalid, it was unnecessary and erroneous to proceed to decide the merits, and doing so without considering the taxpayer&#039;s written submissions constituted a patent error causing miscarriage of justice and unwarranted adverse remarks. Relying on the principle that courts/tribunals must correct their own mistakes to prevent injustice (as recognized by the SC in S. Nagaraj), the Tribunal allowed the rectification application and directed correction of the impugned portion of its order.</description>
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