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TMI Blog2022 (12) TMI 1007X X X X Extracts X X X X X X X X Extracts X X X X ..... s the relevant facts are on record in the assessment proceedings for that issue. It is evident that the aforesaid decision of the Hon ble Supreme Court was not taken into consideration by the coordinate bench while rendering decision in respect of ground No. 1 raised by the assessee. In ACIT vs Saurashtra Kutch Stock Exchange Ltd.[ 2008 (9) TMI 11 - SUPREME COURT] held that non-consideration of the decision of jurisdictional High Court or of Supreme Court can be said to be a mistake apparent from record , which could be rectified under section 254(2) - Therefore, respectfully following the aforesaid decision in Saurashtra Kutch Stock Exchange Ltd. (supra), we deem it appropriate to recall the findings rendered by the coordinate bench of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned Departmental Representative vehemently opposed the prayer for recall of the order to the extent of adjudication of ground No. 1 by the coordinate bench of the Tribunal. 4. We have considered the rival submissions and perused the material available on record. The relevant findings of the coordinate bench of the Tribunal vide common order dated 27/09/2021, which are sought to be recalled by the assessee, are as under: "7. We have considered rival submissions in the light of the decisions relied upon and perused materials on record. Insofar as the grounds raised by the assessee challenging the validity of the assessment orders due to alleged non issuance of notice under section 143(2) of the Act, we have observed, before the first app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to entertain assessee's plea on the issue. Accordingly, ground 1 in both the appeals is dismissed." 5. We find that the Hon'ble Supreme Court in NTPC (supra) held that legal issue can be raised for the first time before the Tribunal, so long as the relevant facts are on record in the assessment proceedings for that issue. It is evident that the aforesaid decision of the Hon'ble Supreme Court was not taken into consideration by the coordinate bench while rendering decision in respect of ground No. 1 raised by the assessee. In ACIT vs Saurashtra Kutch Stock Exchange Ltd., [2008] 305 ITR 227 (SC), the Hon'ble Supreme Court held that non-consideration of the decision of jurisdictional High Court or of Supreme Court can be said to be a 'mis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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