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Issues involved: The judgment deals with the application raised by the assessee regarding the non-consideration of a specific decision during the appellate proceedings.
Details of the Judgment: 1. Issue 1 - Non-consideration of relevant decision: The assessee raised a Miscellaneous Application citing the decision in the case of Mrs. Bakhtawar B. Dubhash, which was not considered during the appellate proceedings. The decision highlighted that taxing an amount twice is against the settled proposition of law. The assessee contended that the decision was fundamental to the issues involved in the case. The Tribunal acknowledged the oversight and agreed that the decision should have been considered. The order was recalled to allow the assessee to present arguments based on the relevant decision for fresh consideration. 2. Issue 2 - Treatment of expenditure as income: The assessee was a beneficiary of expenditure for MBA study abroad and marriage reception, which was treated as income under section 2(24)(iv). The ITAT upheld the findings of the CIT(A) in rejecting the contentions of the assessee. The assessee argued that the decision in the case of Mrs. Bakhtawar Dubhash should have been considered, as it had a bearing on the issue. The Tribunal agreed that the decision should have been discussed or distinguished, leading to the decision to recall the order for fresh consideration based on the relevant decision. 3. Conclusion: The Tribunal allowed the Miscellaneous Application, recognizing the oversight in not considering the relevant decision during the appellate proceedings. The order was recalled to provide the assessee with an opportunity to present arguments based on the decision in the case of Mrs. Bakhtawar Dubhash. The cases were directed to be posted afresh for a new consideration in light of the overlooked decision. (Order pronounced on 30th July 2010 by B. Ramakotaiah, Accountant Member)
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