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TMI Blog2014 (1) TMI 870X X X X Extracts X X X X X X X X Extracts X X X X ..... itiated on the ground that the Tribunal failed to discuss all the contentions raised by counsel before it and to give reasons for coming to the conclusion which it did - If assessee finds an order defective on this ground, the remedy lay elsewhere and not by way of a Miscellaneous Application. The Tribunal is a creature of the statute and it is not been vested with the review jurisdiction - it does not have any power to review its orders – Relying upon Commissioner Of Income-Tax Versus Ramesh Electric And Trading Co. [1992 (11) TMI 32 - BOMBAY High Court] - the power of rectification available to the Tribunal u/s. 254(2) of the Act cannot be exercised on failure of the Tribunal to consider an argument advanced by either party for arrivin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee and in favour of the Revenue by the order of the Tribunal, wherein it has been held vide paragraph 10.1 of the order of the Tribunal as under:- "10.1 In view of the above discussion, we hold that the lower authorities have rightly treated the assessee as deemed owner u/s 27(iiib) of the Act and subsequently treated the rental income from State Bank of Indore as income from house property. Accordingly, this ground of the assessee is dismissed." In the absence of any contrary material brought on record by the assessee, we respectfully following the order of the Tribunal (supra), decline to interfere with the order passed by the FAA on this account." 2. As per the assessee, FAA had not decided the matter in its favour. So onc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal filed by the AO we had followed the order of the ITAT passed for the AY.2003-04. In that year issue was decided against the assessee. 3.1.As stated earlier as per the assessee, AR had not fairly conceded that the issue was decided against the assessee that assessee was declared illegal occupant of the premises that it was not correct to state that no contrary material was brought on record that order of the estate officer was brought to the notice of the Tribunal. It was submitted by the AR that considering these it should be held that income had to be assessed under the head business income. DR submitted that no mistake was apparent from the record. He relied upon the cases of (203ITR497)and (232 ITR 395). 3.2.We have heard the ri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal. Rule 18 prescribes the method of submission of paper book, including the additional evidences. Relevant portion of the Rule 18 are reproduced here: 18. (1) If the appellant or the respondent, as the case may be, proposes to refer or rely upon any document or statements or other papers on the file of or referred to in the assessment or appellate orders, he may submit a paper book in duplicate containing such papers duly indexed and paged at least a day before the date of hearing of the appeal along with proof of service of a copy of the same on the other side at least a week before: Provided, however, the Bench may in an appropriate case condone the delay and admit the paper book. (3) The papers referred to in sub-rule (1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilable to the assessee at a particular point of time it was the duty of the assessee to bring the said fact to the notice of the Tribunal in prescribed manner. Therefore we find that observation made by us; that no contrary material was brought to us is factually and legally correct and does not need any rectification. As far as submission that assessee was declared illegal occupant is concerned we are of the opinion that it does not change the nature of the head under which income had to be assessed. 3.3.As stated earlier only question to be decided in the year under consideration was to determine the head under which it had to be assessed. Tribunal choose one of the two available options. In our opinion in such circumstances it cannot b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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