2014 (6) TMI 331

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....ain ORDER Per P. M. Jagtap, AM. By this Miscellaneous Application, the assessee is seeking rectification of the mistake alleged to have been crept in the order of Tribunal dated 30.6.2010 passed in ITA No.847/Mum/2009 (AY-2005-06). 2. We have heard the arguments of both the sides and also perused the relevant material on record. It is observed that the solitary issue involved in the ap....

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....assessee at the time of hearing before us, the figures pertaining to the turnover of the assessee company of delivery based shares taken by the Tribunal to work out the relevant ratios are factually incorrect and the decision rendered by the Tribunal treating the assessee as trader in delivery based shares on such incorrectly computed ratios are liable to be set aside. He contended that the assump....

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....ssed and well reasoned order of the Tribunal calling for any rectification u/s 254(2) of the Act. 4. After hearing the arguments of both the sides on the Miscellaneous Application filed by the assessee, the ld. Representatives of both the sides were required to clarify as to whether an appeal has been filed by the assessee against the order of Tribunal dated 30.6.2010 passed in ITA No.847/Mum/2....

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....g it as trader in shares and the appeal of the assessee filed against the said order on the same issue has already been admitted by the Hon'ble Bombay High Court. In the case of Tata Communication Ltd V/s JCIT 121 ITD 384(SB) cited by the ld. counsel for the assessee, it was held by the Tribunal that when the question was pending before the High Court, it was not right for the assessee to agitate ....