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| The Tax Publishers2020 TaxPub(DT) 2002 (Mum-Trib) INCOME TAX ACT, 1961
Section 254(2)
Since finding arrived in Tribunal's order on basis of decision in Bovis Lend Lease (I) (P) Ltd. v. ITO, should have been brought to notice of concerned parties but inadvertently, Tribunal failed to do so, therefore, Miscellaneous Applications were allowed.
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Appeal (Tribunal) - Rectification of order - Mistake apparent on record -
Assessee contended that Tribunal placed reliance of decision in matter of Bovis Lend Lease (I) (P) Ltd. v. ITO, which was not cited or discussed. Held: There was merit in submission of assessee that reliance was placed by Tribunal on the decision in matter of Bovis Lend Lease (I) (P) Ltd. (supra), which was not cited or discussed by either party at any stage nor mentioned by Members during original hearing before Tribunal or even when appeal was re-fixed for clarifications by Tribunal. That amounted to violation of principles of natural justice and therefore, order suffered from patent mistake apparent on record. Since finding arrived at in order on basis of decision in Bovis Lend Lease (I) (P) Ltd. (supra) should have been brought to notice of concerned parties but inadvertently, Tribunal failed to do so and therefore, MAs were allowed.
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
IN THE ITAT, MUMBAI BENCH
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