2012 (6) TMI 827

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.... u/s 254 of the Income Tax Act, 1961. The contents of the Misc. Applications are similar, which read as under:- "APPLICATION UNDER SECTION 254 OF THE INCOME TAX ACT 1961. Sir The aforesaid appeal was decided by the Hon'ble Bench by a consolidated order dated 21.11.2011 in ITA No. 926 to 928/2011 for the assessment years 2001-02, 2003-04 & 2004-05. The issue involved in the appeals related to deduction under section 80HHC on the value of DEPB. The Hon'ble Tribunal vide a consolidated order dated 31.08.2009 in assessee's appeal bearing ITA no. 124/CHANDI/2009 for the Assessment Year 2001-02 remanded the matter to the file of the Assessing Officer to adjudicate the issue afresh in conformity with the decision of the Special Ben....

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....same is liable to be rectified as per as per the decision of the Hon'ble Supreme Court. The Appellant, thus, humbly prays that the order dated 21.11.2011 may be rectified and the AO be directed to decide the issue on the basis of judgment of the Hon'ble Supreme Court. Hence the miscellaneous petition Yours Faithfully For R N Gupta & Company Limited Sd/- Managing Director Through Sd/- Subhash Aggarwal" 3. We have heard the rival submissions and have also perused the materials available on record. The common grounds No. 1 & 2 of appeals preferred by the assessee before the Tribunal in ITA Nos. 926 to 928/Chd/2011 were as under:- 1. That the Ld. CIT(A)-I has erred in not following the direction of the Hon'ble Tribunal and....