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TMI Blog2010 (3) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... the Revenue's appeal in I. T. A. No. 2384/Mds/2007 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f hon'ble apex court in the case of Asst. CIT v. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of these appeals, it was brought to our notice 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court, we hold that the assessee is entitled to the benefit of deduction under section 10(10C) of the Income-tax Act. Accordingly, we modify the impugned order of this Tribunal and the appeal of the Revenue stands dismissed.
In the result, this miscellaneous petition filed by the assessee is allowed.
The order was pronounced in the court on March 5, 2010. X X X X Extracts X X X X X X X X Extracts X X X X
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