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    <title>2011 (8) TMI 868 - ITAT AGRA</title>
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    <description>Rectification under section 254(2) is limited to patent mistakes apparent from the record and cannot be used to review an earlier appellate decision. On a holistic reading, the Tribunal held that Ground No. 5 had already been dealt with in substance in the prior order as part of the broader dispute over the assessee&#039;s activity and liability under the Interest Tax Act. The alleged non-adjudication was therefore not a separate, rectifiable error, and the miscellaneous applications seeking recall were not maintainable. The dissenting view also treated the ground as already disposed of and opposed recall on the same basis.</description>
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      <link>https://www.taxtmi.com/caselaws?id=211398</link>
      <description>Rectification under section 254(2) is limited to patent mistakes apparent from the record and cannot be used to review an earlier appellate decision. On a holistic reading, the Tribunal held that Ground No. 5 had already been dealt with in substance in the prior order as part of the broader dispute over the assessee&#039;s activity and liability under the Interest Tax Act. The alleged non-adjudication was therefore not a separate, rectifiable error, and the miscellaneous applications seeking recall were not maintainable. The dissenting view also treated the ground as already disposed of and opposed recall on the same basis.</description>
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