TMI Blog2002 (4) TMI 216X X X X Extracts X X X X X X X X Extracts X X X X ..... mistake apparent from record in view of the fact that the view taken by the Tribunal is not in conformity with the view taken by the Hon'ble Bombay High Court on 4th May, 2001--Ship Scrap Traders v. CIT [2001] 251 ITR 806. 2. Before the Appellate Tribunal the case of the assessee was that the activity of "ship breaking" undertaken by the assessee is a manufacturing process and thus the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectification under section 254(2) of the Act. However, the ld. counsel has not furnished any case law in support of his contention that a later decision of the jurisdictional High Court would give rise to a mistake apparent on record in the order passed by the I.T.A.T. On the other hand, the ld. D.R. strongly submitted that on the date when the Tribunal considered the issue, there was no authorita ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from record with reference to the judgment of jurisdictional High Court which was rendered much later. Similar view was taken in the cases of Sree Palaniappa Transports v. CIT [1999] 238 ITR 492 (Mad.) and Dr. Rajah Sir M.A. Mluthiah Chettiar v. CIT [1999] 238 ITR 505 (Mad.). It may be noticed that in a case where the issue is finally decided by the Hon'ble Supreme Court, in view of Article 141 o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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