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    <title>2017 (7) TMI 393 - CESTAT NEW DELHI</title>
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    <description>Rectification jurisdiction before the Tribunal is confined to a clear mistake apparent from the record and cannot be used to reopen a concluded decision or reargue the merits. The Tribunal noted that the revenue relied on a decision not cited by either side at the hearing, and that the final order had been dictated in open court in the parties&#039; presence. It further observed that unjust enrichment was not in dispute in the revenue appeal and that the earlier reference to that aspect merely repeated the Commissioner (Appeals)&#039;s findings. No apparent error of fact or law was shown, so the request for modification or review was held not maintainable and the final order remained undisturbed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=345281</link>
      <description>Rectification jurisdiction before the Tribunal is confined to a clear mistake apparent from the record and cannot be used to reopen a concluded decision or reargue the merits. The Tribunal noted that the revenue relied on a decision not cited by either side at the hearing, and that the final order had been dictated in open court in the parties&#039; presence. It further observed that unjust enrichment was not in dispute in the revenue appeal and that the earlier reference to that aspect merely repeated the Commissioner (Appeals)&#039;s findings. No apparent error of fact or law was shown, so the request for modification or review was held not maintainable and the final order remained undisturbed.</description>
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