TaxTMI 
TaxTMI 
2013 (10) TMI 526
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.... filed by the Appellant (Original Appellant). It is most respectfully submitted that in the said order of the Hon'ble ITAT, there are errors apparent on the record. 2. The Hon'ble ITAT while disposing of ground no. I challenging disallowance of Rs. 55.15 Lacs u/s 14A of the Act, on page 5 Para 5 noted that on identical issue, the assessee had been allowed relief in assessment year 2001 -- 02 by ITAT in its order in ITA No. 473 & 492/Ahd/2005. The Hon'ble ITAT despite noting the same held on page 8 as under -- "....Therefore, such disallowance has to be on rationale basis by the AO for reasonably estimating as nearly as possible the expenditure incurred for earning the tax free income keeping in view the reserve and surplus and the profit ....
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....e the issue to the file of AO without taking cognizance of the judgments cited, The assessee submits that the order suffers from following apparent errors:- (1) The applicant relied upon the judgment in CIT vs. Jindal Drilling and Industries Ltd. 301 ITR 304(Del) as also Supreme Court judgment in the case of Munjal Sales Corporation vs. CIT 298 ITR 298(SC). The same have not been referred to. The matter stands concluded by the said judgments in favour of the applicant. (2) Even otherwise the issue stands concluded by the judgment of Gujarat High Court in the case of CIT vs. Raghuvir Synthetics Ltd. in Tax Appeal No 829 of 2007 delivered on 05/12/2011. In view of this, the assessee submits that the order of the Tribunal in this regard, ne....
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....a 7 which is consequential upon the finding in Para 5 & 6, the issue is confirmed. 6. The Applicant therefore, respectfully submits that in the larger interest of justice the Hon'ble Tribunal be pleased to accept the prayer of the applicant/appellant and modify the order as stated above so as to appreciate the correct facts." 2. The learned counsel for the assessee argued on similar line as submitted in the MA. She argued that now there is an order of Hon'ble jurisdictional High Court, wherein the decision of the ITAT, Ahmedabad for A.Y.2001-2002, in assessee's own case has been affirmed by the Hon'ble jurisdictional High Court dismissing the appeal filed by the Revenue, as mentioned in the application. Therefore, there is a mistake appar....