TMI Blog2020 (12) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... If we examine the records, then it will reveal that while adjudicating the issue, the Tribunal made reliance upon the finding which is not on the issue whether the deduction u/s.80-IA is admissible to the assessee or not. The reliance has been placed on an issue wherein benefit of subsidy on Sales Tax component was given. Therefore, we are of the view that an apparent error has crept in the order of the tribunal, it required rectification. Hence, we allow both the applications and recall the order of the Tribunal for readjudication on merit. Accordingly, the Registry is directed to restore the appeal to its original number and fix the same for fresh hearing in due course under the intimation to both the parties. As far as application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h miscellaneous application by the assessee as Annexure-D, C A. 3. First, the ld.counsel for the assessee pointed out that after restoration of this appeal to its original number on this issue and it was listed for hearing afresh before the Bench and ultimately the Bench has partly allowed the appeal of the assessee by observing as under: 4. During the course of appellate proceeding before us, the ld.representatives have agreed that the identical issue on identical facts has been adjudicated in favour of the assessee by the Co-ordinate Bench of the ITAT vide ITA No.558/Ahd/2005 on 1st July, 2019 after following the decision of Jurisdicational High Court dated 8th June, 2016 in the case of the assessee itself which has been confirm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble ITAT for current Asst.Year: 2000-01 are as under in tabular form: Sr. No. Date Particulars of order Decision Annexure 1. 26-02-04 ITA 1002/Ahd/2006 Assessee s appeal was dismissed stating that similar ground regarding deduction u/s.80IA of I.T. Act on the profits derived from Trikampura division for Asst.Year: 2001-02 was dismissed by Hon ble Tribunal D 2. 19-01-16 M.A.No. 73/Ahd/2015 Hon ble Tribunal recalled the order passed in ITA No.1002/Ahd/2006 dtd. 26- 12-2014 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Representatives have submitted before us that while adjudicating the issue, the Tribunal has made reference to the decision of Munjal Auto Industries and the order of the Co-ordinate Bench in ITA No. 558/Ahd/2005 for AY 2001-02. Somehow, the reference made by the Tribunal does not relate to the issue in dispute, rather it is with respect to subsidy on Sales Tax benefit which is altogether a different issue. Therefore, according to them, some inadvertent error crept in the order of the Tribunal which required rectification. 6. We have duly considered the rival contentions and gone through the records carefully. The power of rectification u/s.254(2) of the Income Tax Act can be exercised only when the mistake which is sought to be rectifie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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