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2014 (1) TMI 438 - AT - Income TaxDifference in the rates of the depreciation - Selection of comparable – Held that:- Honda Siel Power Products Ltd. v. CIT [2007 (11) TMI 8 - Supreme Court of India] - failure to consider a decision of a co-ordinate Bench cited by the assessee is a mistake apparent from record - There is a mistake apparent from record in the order of the Tribunal dated July 22, 2011 on account of non-consideration of the decision of the Special Bench in the case of Quark Systems - the order of the Tribunal dated July 22, 2011 in relation to these two issues is modified, and it is held that since contentions in relation to these two issues are raised by the assessee for the first time before this Tribunal, and as such the Revenue authorities did not have an opportunity to examine the same – thus, the matter is remitted back to the file of the Assessing Officer, for reconsideration of the entire matter in relation to these two issues. Quantification of the amount of risk – Held that:- There was no mistake apparent from record in the order of the Tribunal - the Tribunal has taken a conscious view on the consideration of all the relevant factors – Decided partly in favour of Assessee.
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