2010 (3) TMI 1121

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r.Paras S.Savla. ORDER PER P.MADHAVI DEVI, JM: This is a miscellaneous application filed by the revenue u/s.254[2] of the I.T.Act. 2. Brief facts leading to this miscellaneous application are that the assessee had filed a return of income for the A.Y 1998-99 on 30/11/98 declaring the total income at Rs. 11,62,10,850/- u/s.115JA of the Act. AO completed the assessment assessing the tota....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....IT VS. HCL Comnet Systems & Services Ltd. 205 ITR 409 [S.C] 2. CIT vs. Echjay Forgings P. Ltd. 251 ITR 15 [Bom] 3. Special Bench decision in JCIT vs. M/s Usha Machine Industries Ltd. [2007] 104 ITR {S.B.} [Kol] Thereafter, by the Finance Act, 2009 clause [g] has been inserted in Explanation to sec.115JA[2]of the Act w.r.e.f. A.Y 1998-99 and subsequent years providing that prov....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....) deleting the word 'not being less than thirty days' being subsequent to the Tribunal's order striking down the notice, there is no mistake apparent from the order of the Tribunal. He submitted that as held by the Hon'ble jurisdictional High Court in the case of CIT vs. Thana Electricity Supply Ltd. [206 ITR 727], the decision of the High Court is binding on the sub-ordinate courts and authoritie....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rties and having considered their rival contentions, we find that the Tribunal's order is dated 17th March, 2009 whereas the retrospective amendment of the Act has received the assent of the President of India on 19-8-2009 i.e. after the order of the Tribunal was passed. Similar were the facts of the case before the Hon'ble Bombay High Court in the case of Sudha S. Mehta [cited supra], wherein the....