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2016 (11) TMI 204 - AT - Income TaxRectification of mistake - Rental income earned from sublease of the property - “income from house property” or “business income” - Held that:- Tribunal after appreciation of facts has held that the sub leasing of the property was not part of the business activity of the assessee. The Tribunal, as the facts were available before it, has given a categorical factual finding upon which the relevant case laws have been relied upon. With due respect to the all case laws relied upon by the Ld. Counsel for the assessee, we find no mistake apparent on record in this case as the said case laws are not applicable because the factual finding given by the Tribunal is contrary to the facts of the cases before the Hon’ble Supreme Court as relied upon by the Ld. Counsel for the assessee. So far the reliance of the Ld. Counsel on the subsequent decision of the Tribunal is concerned, in our view, any finding arrived by a co-ordinate Bench of the Tribunal in subsequent decision can not be held to be a reason enough to hold that there was any mistake in the earlier order of different Bench of the Tribunal. Moreover, we deem it fit to mention further here that this Tribunal has no power to review etc. If the assessee has any grievance against the impugned order, proper course to agitate the same is by filing an appeal before the next appellate authority i.e. the Hon’ble Bombay High Court, but, not with the present application under section 254(2) of the Act. The Tribunal, vide impugned order, has not only considered the submissions of the assessee but has given a categorical finding on all of the issues which were raised before the Tribunal by the Ld. Counsel for the assessee
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