2012 (8) TMI 988

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.... Respondent: Shri R K Vohra, Sr. DR O R D E R PER SHRI A. K. GARODIA, AM:- This miscellaneous application is filed by the assessee pointing out some mistake in the tribunal order dated 31.05.2011. 2. The mistake pointed out by the assessee in the tribunal order is this that ground No.1 of the revenue's appeal for the assessment year 2004-05 was decided by the tribunal against the assessee by f....

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....is an apparent mistake in the Tribunal order which should be rectified u/s 254(2) to bring the tribunal order in line with such subsequent decision of Hon'ble Apex Court/jurisdictional High Court. In the course of arguments before us, Ld. A.R. reiterated the same arguments which have been given in the miscellaneous application. As against this, Ld. D.R. submitted that there is no apparent mistake....

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....ose of computation of deduction allowable to the assessee u/s 80HHC and for the purpose of this computation of profit on sale of DEPB, face value of DEPB should be considered as costs of DEPB. We also find that as per the judgment of Hon'ble Apex Court in the case of Saurashtsra Kutch Stock Exchange (supra) in which the Hon'ble Apex Court has referred to the judgement of Hon'ble Jurisdictional Hig....

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....id Giegy Ltd. (supra) and also the judgement of Hon'ble Apex Court rendered in the case of Saurashtra Kutch Stock Exchange (supra), we hold that there is apparent mistake in the impugned tribunal order as the claim of the assessee regarding deduction u/s 80HHC in respect of DEPB entitlement/DEPB income was decided against the assessee for the whole amount but as per the judgment of Hon'ble Apex Co....