TMI Blog2018 (12) TMI 1653X X X X Extracts X X X X X X X X Extracts X X X X ..... ee was not given an opportunity to explain his case vis-a-vis the decision in Tidel Park Ltd. (supra). Thus a mistake has crept into the impugned order of the Tribunal. Thus the order passed by the Bench is recalled and the Registry is directed to fix the appeal for fresh hearing before a regular Bench. - M.A. No. 182/Mum/2018 (ITA No. 9090/MUM/2010) Assessment Year: 2002-03 - - - Dated:- 13-12-2018 - Shri Mahavir Singh And Shri N.K. Pradhan JJ. Assessee by: Mr.Mayur Kisnadwala, AR Revenue by: Mr. Nishant Samaiya, DR ORDER N.K. Pradhan, By means of this Miscellaneous Application (MA), the applicant seeks recall of the order dated 18.08.2017 passed by the ITAT C Bench Mumb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Finance Act, 2015 is retrospective and while doing so, the Tribunal in para 10 has relied upon the decision of the Hon ble Supreme Court in the case of Allied Motors Pvt. Ltd. v. CIT (224 ITR 677) and CIT v. Alom Extrusions Ltd. (319 ITR 306). It is also stated that the Tribunal has also considered the order of Goldgerg Finance (P) Ltd. for AY 2008-09 and decided the issue in favour of the assessee. It is stated that the order of the Co-ordinate Bench of the Tribunal is binding on all other benches of the Tribunal unless the same has been reversed by the Superior Courts. In this regard, reliance is placed by the applicant on the decision in Sant Lal Gupta Ors v. Modern Coop. G.H. Society Ltd. dated 18.10.2010 (SC), Hat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder or direction as may be deemed fit and proper in the facts and circumstances of the case. II 3. On the other hand, the Ld. DR submits that there is no mistake apparent from records in the impugned order passed by the Tribunal. It is submitted by him that after elaborate discussion, the Tribunal has arrived at a finding, which is without any error. III 4. We have heard the rival submissions and perused the relevant materials on record. During the course of hearing, on 23.05.2017, two decisions of the ITAT in the case of Goldgerg Finance (P.) Ltd. were cited before the Bench. The Ld. counsel referred to the order of the Tribunal in the case of Goldgerg Finance (P.) Ltd. v. ACIT (ITA No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts and circumstances of the case, Explanation (iia) to section 115JB has retrospective effect being clarificatory in nature? Their Lordships held :- In so far as the issue raised based on the Explanation (iia) to section 115JB is concerned, the same will have no application in as much as the insertion of the said provision itself was by way of an amendment, which was introduced by the Finance Act, 2006 with effect from April 1, 2007, while we are concerned with the previous year corresponding to the assessment year 2002-03, with reference to which the said amended provision will have no application. By following the above judgment of the Hon ble Madras High Court, the Tribunal in the impugned order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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