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2014 (7) TMI 1104 - AT - Income TaxReview of previous order [2015 (3) TMI 922 - BOMBAY HIGH COURT] - Revenue has pleaded in these miscellaneous applications that considering the subsequent order of this Tribunal wherein the statement of the assessee under section 132(4) was consider and addition was allowed, the impugned order may be reconsidered and modified - Held that:- sole basis of filing of these miscellaneous applications by the Revenue is the subsequent decision of the Tribunal, dated January 30, 2013, for the assessment year 2004-05 in the case of Arvind M. Kariya. The said decision has been set aside by the hon'ble jurisdictional High Court vide order [2014 (7) TMI 643 - BOMBAY HIGH COURT], therefore, the very basis of filing the miscellaneous applications by the Revenue is no more in existence. Further the Revenue has already filed the appeals before the hon'ble High Court against the impugned order, therefore, when the issue is pending adjudication before the hon'ble High Court, it is not appropriate for this Tribunal to adjudicate the said issue in the miscellaneous applications. - There is no dispute that the impugned order sought to be rectified is a detailed and very elaborate reasoned order passed on merit and, therefore, the same cannot be reviewed or reversed under the provisions of section 254(2).- Decided against Revenue.
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