Allowing the appeal of the revenue the Court held that the Tribunal travelled far beyond its power of rectification in accepting the assesse’s various contentions which were not confined to pure factual errors apparent on record . Some of the contentions of the assesse were highly legal issues. Once the Tribunal had taken a particular view , it was always open for the aggrieved party to challenge such views before the Higher Court . The Tribunal could not have persuaded to re-examine the issues on the premise that there was an error apparent on the record .( AY. 1999-2000)
PCIT v Nirma Ltd (2018) 252 Taxman 187 (Guj)(HC) Editorial : SLP of assessee is dismissed Nirma Ltd v. PCIT ( 2019) 265 Taxman 560 (SC)
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record – Interest on borrowed capital- Rectification order passed by Tribunal subsequently allowing the interest was quashed [ S. 36(1)(iii) ]