TMI Blog2013 (10) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... N ITA No.1290/Ahd/2006 - - - Dated:- 27-9-2013 - Shri G. C. Gupta And B. P. Jain,JJ. For the Petitioner : Ms. Urvashi Shodhan For the Respondent : Shri K. C. Mathew, Sr. DR ORDER Per B. P. Jain, Accountant Member: This Misc. Application of the assessee is arising from the order of the ITAT in ITA No.1290/Ahd/2006 dated 30.12.2011. The assessee's MA is reproduced hereinbelow for the sake of convenience: "1. The present application is filed by the applicant/ appellant above named for setting aside the order dated 30/12/2011 passed by this Hon'ble ITAT partly allowing the appeal filed by the Appellant (Original Appellant). It is most respectfully submitted that in the said order of the Hon'ble ITAT, there are errors appar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in any manner the decisions of Co ordinate Bench. The assessee had also relied upon its balance sheet as on 31st March 2002 to show that it had used interest free funds available and its profits and loss account to demonstrate that it had used profits earned (luring the year under consideration. As such not following decision of Co ordinate bench and above all judgment of the jurisdictional High Court in assessee's own case for earlier year constitutes mistake in the order of the Tribunal. 4. Secondly it is most respectfully submitted that the Hon'ble Tribunal while disposing of the appeal set aside the issue to the file of AO without taking cognizance of the judgments cited, The assessee submits that the order suffers from following app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h 5 of the order (i.e. the subject matter of Para --1 of this application). If the set aside is withdrawn and the addition is deleted obviously even that amount would have to be deleted for the purpose of MAT computation. However, even if the paragraph 5 of the order is retained and the set aside order is continued, the confirmation of addition for MAT purpose is erroneous because in that event even this issue which is consequential to that issue will also have to be set aside. In light of the above, there is inconsistency between the findings in Para 5 (set aside) and Para 6 (deletion) on one hand and Para 7 which is consequential upon the finding in Para 5 6, the issue is confirmed. 6. The Applicant therefore, respectfully submits t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken by the Bench while deciding the appeal vide order dated 30.12.20012. The learned AR is trying to get the order reviewed under the grab of MA, which is not permitted. Accordingly, the learned DR prayed to reject the application filed by the assessee. 4. We have heard rival submissions and perused the facts of the case. We are convinced with the arguments of the learned DR of the Revenue that the decision of the Hon'ble jurisdictional High Court in assessee's own case was not available before us, at the time of hearing of the appeal. As regards, the decision of the Hon'ble Kerala High Court, as mentioned in our order dated 30.12.2011, the same was not available while passing order of the ITAT for A.Y.2001-2002. The assessee itself, thro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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