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TMI Blog2024 (11) TMI 848X X X X Extracts X X X X X X X X Extracts X X X X ..... lications vide order dated 31.08.2023. Subsequently, the assessee has filed the writ petition against the order dated 31.08.2023 before the Hon'ble High Court of Bombay. And the Hon'ble High Court in writ petition (L) No.33980 of 2023 & writ petition (L) 34073 of 2023 vide order dated 7.05.2024 has set aside the order of the Hon'ble Tribunal observing as under: "1. After these petitions were heard for some time, the Court felt that Petitioner had a prima-facie case. Hence, without going into the merits, the following order is passed by consent : a. The impugned orders both dated 10th August 2022 are hereby quashed and set aside. b. The matters are remanded to the Tribunal to re-hear Miscellaneous Application Nos. 57 & 58/MUM/2023. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision of Smt. Samanthpudi Lavanya Vs. ACIT, [2021] 127 taxmann.com 188 (VSKP Trib) held as under: "1. Section 254 of the Income-tax Act, 1961 Appellate Tribunal - Powers of (Power to condone delay) - Assessment years 2009-10 to 2011-12 - Whether where assessee was under bonafide impression that its appeal had been filed by accountant but came to know fact of not having filed appeal when there was pressure from department for payment of demand, delay of 492 days in filing appeal was to be condoned and appeal was to be admitted in interest of justice - Held, yes [Para 3] [In favour of assessee] II. Section 147, read with section 143 of the Income-tax Act, 1961 Income escaping assessment General (Furnishing of reasons) Whether completion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, submissions and find that the above decisions cited were not considered and we support our view relying on the decision of the Hon'ble Supreme Court in the case of Honda Siel Power Productions Ltd Vs. CIT, Civil Appeal No. 5412 of 2007 (SC) (295 ITR 466) as under: "APPEAL TO APPELLATE TRIBUNAL-POWERS OF TRIBUNAL-POWER TO RECTIFY MISTAKES ON RECORD-SCOPE OF FUNDAMENTAL PRINCIPLE- NO PARTY APPEARING BEFORE TRIBUNAL SHOULD SUFFER ON ACCOUNT OF MISTAKE COMMITTED BY TRIBUNALFAILURE TO CONSIDER DECISION OF CO-ORDINATE BENCH CITED BY ASSESSEE-IS A HIJ, 1961, ss. 43A, 154, 254. MISTAKE-INCOMETAX WORDS AND PHRASES - "MISTAKE", "RECTIFICATION", MEANINGS OF. The purpose behind the enactment of section 254(2) of the Income-tax Act, 1961, dealing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in actual cost was not permissible but on appeal the Commissioner (Appeals) held that the claim was admissible. On appeal, the Appellate Tribunal held that the revision was not permissible unless actual payment had been made by the assessee, since under section 43A actual payment was a condition pre- cedent for availing of the benefit. The assessee moved the Appellate Tribunal for rectification of its order, pointing out that the earlier order of a co-ordinate Bench of the Tribunal in which it was held that the enhanced depreciation was admissible even on notional increase on the cost of the asset had been cited before the Tribunal, but the Tribunal had inadvertently not considered the submission of the assessee to that effect. The Appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Governor India P. Ltd. [2007] 294 ITR 451 (Delhi); [2007] 162 Taxman 60 (Delhi) (paras 10, 11) Sundarjas Kanyalal Bhatija v. Collector, Thane [1990] 183 ITR 130 (SC) (para 6) Union of India v. Paras Laminates P. Ltd. [1990] 186 ITR 722 (SC) (para 6)Civil Appeal No. 5412 of 2007. Appeal by special leave from the judgment and order dated October 11, 2006, of the Delhi High Court in I. T. A. No. 735 of 2004. The judgment of the High Court is reported as CIT v. Honda Siel Power Pro ducts Ltd. [2007] 293 ITR 132 (Delhi)" .. 7. We heard the rival submissions and perused the material on record and ratio of the judicial decisions. We find that non consideration of judicial decisions cited before the bench is a mistake apparent from the reco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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