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TMI Blog2014 (8) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... t applicable to the facts – assessee’s grievance seems to be in so far as the Tribunal having not elaborately considered the dictum of the various decisions and negatived the applicability on sufficient reasoning – the Court cannot assume that merely for the reason that the Tribunal found that the decisions are not applicable, the Tribunal would not have gone into the dictum laid down therein – th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rated by the petitioner, without looking into the decision of the Hon'ble Supreme Court in CIT v. K.Chinnathamban [(2007) 292 ITR 682 (SC); (ii) that cash credit additions were made without looking into the High Court decisions placed on record by the assessee; and (iii) that one other brother-in-law, being Sri.George Joseph, had specifically accepted a loan granted to the petitioner, which wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arose in the appeal. The appellant/assessee filed a rectification application, which was allowed by the Tribunal. The Department was in appeal before the Supreme Court. The Hon'ble Supreme Court found that when the decision of the jurisdictional High Court was not looked into by the Tribunal and there is non-consideration of such decision, definitely a rectification application could be filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecisions and negatived the applicability; on sufficient reasoning. 5. That, however, is a matter to be agitated in appeal and not in a rectification application. This Court cannot assume that merely for the reason that the Tribunal found that the decisions are not applicable, the Tribunal would not have gone into the dictum laid down therein. The grievance of the petitioner stems more from the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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