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2021 (3) TMI 887 - ITAT DELHIRectification u/s 254 - decision of the honourable jurisdictional High Court was not considered - HELD THAT:- The answer has been already rendered by the Honourable Supreme Court in Asst Commissioner of Income Tax versus Saurashtra Kutch stock exchange Ltd [2008 (9) TMI 11 - SUPREME COURT] wherein the coordinate bench passed an order u/s 254 (2) where a decision of the honourable Gujarat High Court, though not cited before the coordinate bench, was ignored. The coordinate bench recalled that order holding that a binding decision has not been considered by ITAT. Such order of the ITAT was challenged before the The honourable Supreme Court has dealt with this issue and held that the non-consideration of a decision of jurisdictional High Court or of the Supreme Court can be said to be a mistake apparent from the record. Therefore in the present case the decision of the honourable Delhi High Court in case of Principal Commissioner of income tax versus silver line [2015 (11) TMI 809 - DELHI HIGH COURT]was not at all considered and therefore the order passed by the coordinate bench in dismissing the cross objection of the assessee suffers from a mistake apparent from record. Hence the cross objection of the assessee is recalled, registry is directed to fix the same for hearing in due course.
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