2010 (3) TMI 945

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.... 13, 2008 of this Tribunal in the Revenue's appeal in I. T. A. No. 2384/Mds/2007 for the assessment year 2004-05, whereby the appeal of the Revenue was allowed by following the decision of the hon'ble jurisdictional High Court. We have heard the learned authorised representative as well as the learned Departmental representative and considered the relevant records. The learned authorised repres....

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....ed that in view of the decision of hon'ble apex court in the case of Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 227, the non-consideration of the decision of the hon'ble apex court or the hon'ble jurisdictional High Court constitutes a mistake and the Tribunal can exercise the power of rectification under section 254(2) of the Income-tax Act. After considering the rival co....

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.... 50) : "During the course of hearing of these appeals, it was brought to our notice that by the subsequent letter dated May 8, 2009 issued by the Central Board of Direct Taxes, it was indicated that the matter had been reviewed on the basis of the judgment of the Bombay High Court dated July 4, 2008, in the case of CIT v. Koodathil Kallyatan Ambujakshan [2009] 309 ITR 113 ; [2008] 219 CTR 80 an....