TMI Blog2010 (3) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 for the assessment year 2004-05, whereby the appeal of the Revenue was allowed by following the decision of the hon'ble jurisdictional High Court. We have heard the learned authorised representative as well as the learned Departmental representative and considered the relevant records. The learned authorised representative has submitted that the issue has been settled in view of the decision o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 227, the non-consideration of the decision of the hon'ble apex court or the hon'ble jurisdictional High Court constitutes a mistake and the Tribunal can exercise the power of rectification under section 254(2) of the Income-tax Act. After considering the rival contentions and perusing the relevant records, we find that it is settled law that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce that by the subsequent letter dated May 8, 2009 issued by the Central Board of Direct Taxes, it was indicated that the matter had been reviewed on the basis of the judgment of the Bombay High Court dated July 4, 2008, in the case of CIT v. Koodathil Kallyatan Ambujakshan [2009] 309 ITR 113 ; [2008] 219 CTR 80 and it was held that amounts received by retiring employees of the Reserve Bank of Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X
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