2011 (1) TMI 1351

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....as filed the above miscellaneous application praying that the Tribunal should pass fresh order after recalling its ex-parte order dated 21/5/2010 passed in the above appeal filed by the revenue which was allowed by the ITAT. 2. The issue raised by the revenue in aforesaid appeal was with regard to allowing depreciation on the value of membership card of the Bombay Stock Exchange. The CIT(A) had....

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.... who was to appear in the case could not appear on the date of hearing before the Tribunal and an application for adjournment was to be filed by the employee of the assessee who was deputed for this purpose. Unfortunately the employee could not file the application for adjournment and therefore, the Tribunal passed an ex-parte order following the decision of the Hon'ble Bombay High Court. It has a....

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.... of the Hon'ble Supreme Court though is subsequent in point of time to the order of the Tribunal, the same gives rise to an apparent mistake on the order of the Tribunal as the view expressed by the Tribunal is contrary to the decision of the Hon'ble Supreme Court. In this circumstances the order of the Tribunal has to be amended. The Hon'ble Supreme Court in the case of ACIT vs. Saurashtra Kutch ....