2020 (12) TMI 183

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..... that while disposing the appeal, the above decisions were not taken into consideration - HELD THAT:- Tribunal missed the above decisions, while framing the order. Not considering the above decisions, though it was cited before it, is a mistake apparent from record in view of the judgment of the Hon ble Supreme Court in Honda Siel Power Products Ltd. [ 2007 (11) TMI 8 - SUPREME COURT] - MA No .....

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..... ken into consideration and therefore, rectification be made u/s 254(2) of the Income Tax Act, 1961 (the Act). In this regard, the Ld. counsel relies on the decision in Honda Siel Power Products Ltd. v. CIT (2007) 165 Taxman 307 (SC) stating that adjudication of grounds without considering the decision cited by the appellant would allow rectification u/s 254(2) of the Act. 3. On the other hand, .....

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..... mentioned above, the Ld. counsel filed before the Bench during the course of hearing the decision in Lotus Investment Ltd. (supra) and referred to the decision in Elde Electricals Agencies Pvt. Ltd. (supra). Inadvertently, while passing the order dated 23.05.2019, the Tribunal missed the above decisions, while framing the order. Not considering the above decisions, though it was cited before i .....

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