TMI Blog2014 (1) TMI 1781X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal has jurisdiction to rectify under section 254(2) of the Act. Keeping in view the decision of the Hon’ble Apex Court, we recall our order passed for the assessment year 2008-09 to decide it afresh after hearing both the parties. Therefore, the impugned order is recalled and the appeal is restored for the limited purpose of disposing of ground no.3. - M.P. Nos. 184 & 185/Mds/2013 (In ITA Nos.12 & 13/Mds/2013) - - - Dated:- 28-1-2014 - SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER Applicant by : Mr. S. Das Gupta, JCIT Respondent by : Dr. Anita Sumanth, Advocate O R D E R Per Challa Nagendra Prasad, JM: The Revenue has filed both these Miscellaneous Petitions s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oth sides. Perused the petition filed by the Revenue, the order of this Tribunal in ITA Nos.12 13/Mds/2013 dated 30.08.2013 and the decision of the Hon ble Supreme Court in the case of ACIT Vs. Saurashtra Kutch Stock Exchange Ltd. (supra). The Revenue in its Miscellaneous Petitions filed for both the assessment years 2007-08 and 2008-09 against the appeals disposed off by this Tribunal in ITA Nos.12 13 /Mds/2013 submitted as under:- The above appeal filed by assessee was disposed off by ITAT vide order dated 30-08-2013. Gr.3 raised by assessee is regarding exclusion of exports proceeds not realized within the stipulated period from the total turnover while computing the deduction u/s 10B. While 10B(3) prescribes exclusion of such am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urashtra Kutch Stock Exchange Ltd. (supra) has held that failure to apply judgement of jurisdictional High Court is a mistake apparent on record and the Tribunal has jurisdiction to rectify under section 254(2) of the Act. Keeping in view the decision of the Hon ble Apex Court, we recall our order passed in ITA No.13/Mds/2013 for the assessment year 2008-09 in respect of ground no.3 to decide it afresh after hearing both the parties. Therefore, the impugned order is recalled and the appeal is restored for the limited purpose of disposing of ground no.3. 7. The Registry is directed to fix ITA No.13/Mds/2013 in due course for hearing and inform the parties accordingly. 8. In the result, Miscellaneous Petition filed by the Revenue for the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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