TMI Blog2011 (1) TMI 1351X X X X Extracts X X X X X X X X Extracts X X X X ..... unal should pass fresh order after recalling its ex-parte order dated 21/5/2010 passed in the above appeal filed by the revenue which was allowed by the ITAT. 2. The issue raised by the revenue in aforesaid appeal was with regard to allowing depreciation on the value of membership card of the Bombay Stock Exchange. The CIT(A) had allowed the claim of the assessee by following the decision of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring before the Tribunal and an application for adjournment was to be filed by the employee of the assessee who was deputed for this purpose. Unfortunately the employee could not file the application for adjournment and therefore, the Tribunal passed an ex-parte order following the decision of the Hon ble Bombay High Court. It has also been pointed out that the Hon ble Supreme Court has since reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to the order of the Tribunal, the same gives rise to an apparent mistake on the order of the Tribunal as the view expressed by the Tribunal is contrary to the decision of the Hon ble Supreme Court. In this circumstances the order of the Tribunal has to be amended. The Hon ble Supreme Court in the case of ACIT vs. Saurashtra Kutch Stock Exchange Ltd., 305 ITR 227 (SC) has held that subsequent dec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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