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TMI Blog2021 (3) TMI 1243X X X X Extracts X X X X X X X X Extracts X X X X ..... The ld. Authorized Representative (for short "A.R") for the assessee took us through the application and submitted that the order of the Tribunal suffered from certain mistakes which were apparent from record. It was further submitted by the ld. A.R that the Tribunal while disposing off its appeal had also failed to take cognizance of a judgment of the Hon'ble Supreme Court in the case of Manek Lal Agarwal Vs. DCIT (2017) 396 ITR 721 (SC) and that of the Hon'ble High Court of Bombay in CIT Vs. Akshay Textile Trading & Agencies Pvt. Ltd. (2008) 304 ITR 401 (Bom). It was submitted by the ld. A.R that though support was drawn on the aforesaid judicial pronouncements in the course of hearing of the appeal, however, the same were not con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... afraid that as the Tribunal in exercise of the powers vested with it under sub-section (2) Sec. 254 cannot review its order, therefore, the exhaustive submissions filed by the assessee to impress upon us that the view taken by the Tribunal while disposing off the appeal is not correct cannot be accepted and thus, the application filed by it to the said extent is liable to be rejected. At the same time, we find that it is also claimed by the assessee that the Tribunal while disposing off the appeal had on account of an inadvertent omission not considered and dealt with two judicial pronouncements which were relied upon in the course of hearing of the appeal viz. (i) CIT Vs. Akshay Textile Trading & Agencies Pvt. Ltd. (2008) 304 ITR 401 (Bom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t from record rectifiable under sub-section (2) of Sec.254 of the Act. Accordingly, in the backdrop of the aforesaid facts read in light of the settled position of law, we are of the considered view, that the claim of the assessee that the failure on the part of the Tribunal to consider the aforesaid two judgments despite the fact that the same were relied upon in the course of the hearing of the appeal had therein rendered its order as suffering from a mistake amenable for rectification under Sub-section (2) of Sec.254 of the Act, merits acceptance. 5. We shall now advert to the claim of the assessee that the Tribunal had wrongly observed in its order that the ld. Authorised representative (for short "A.R") had submitted before the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee) or was to be brought to tax under the head Income from other sources, Page 91 of "APB". It was observed that the Tribunal while disposing off the said earlier appeal had concluded that the sub-letting receipts were liable to be assessed as Income from other sources in the hands of the assessee before them viz. M/s Faziani Exports Pvt. Ltd. (supra). In the backdrop of the aforesaid facts, we are of the considered view that though the aforesaid facts emanate from the aforesaid order of the Tribunal passed in the case of the sister concern of the assessee viz. M/s Faziani Exports Pvt. Ltd. Vs. Dy. CI [ITA No. 4090/Mum/2016, dated 04.05.2018 for A.Y 2010-11] ,which was referred to by the ld. A.R in the course of the hearing of the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ani Exports Pvt. Ltd. We find that the Tribunal while disposing off the appeal of the assessee viz. M/s Rational Art & Press Pvt. Ltd. Vs. Dy. CIT, Central Circle-44, Mumbai [ITA No. 7615/Mum/2016, dated 28.02.2019 for A.Y 2010-11] had duly considered the aforesaid claim of the assessee. 7. As regards the remaining submissions of the assessee in its miscellaneous application, as observed by us hereinabove, the assessee in the garb of its application filed under subsection (2) of Sec.254 of the Act had primarily sought review of the order that was passed by the Tribunal while disposing off its appeal. We are afraid that as the Tribunal in exercise of the powers vested with it under sub-section (2) Sec. 254 cannot review its order, therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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