2018 (3) TMI 964

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....he Tribunal). The challenge to the impugned order dated 28th July, 2017 is only to the extent it allows the Revenue's rectification application made under Section 254(2) of the Income Tax Act, 1961 (the Act). The Revenue's above application was allowed to the extent it recalls its order dated 6th June, 2016 of the Tribunal for Assessment Year 200405 in respect of rent/ compensation received for letting out business premises is classified under the head 'income from other sources'. There is no challenge before us to the extent the impugned order dated 28th July, 2017 allows the Petitioner's application for rectification made under Section 254(2) of the Act. 3. The grievance of the Petitioner is that the impugned order ....

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....cellaneous Application on 28th April, 2017, seeking to rectify the order dated 6th June, 2016. This essentially on the following grounds: (a) the order dated 6th June, 2016 was passed without considering the written submission which were filed on behalf of the Revenue; and (b) the order dated 6th June, 2016 had erred in relying upon the orders passed in the sister concern case for Assessment Years 1996-97 to 2000-01 to allow the appeal. This in view of the fact that all of them proceeded on a fundamentally wrong basis namely - 'that the issue stands concluded by an order passed by the Tribunal for Assessment Year 1995-96 in respect of the sister concern. This was not so as in fact, as it did not consider the claim of the Reve....

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.... order of the Tribunal in respect of its sister concern for Assessment Year 1995-96 was also before the Tribunal while passing the order dated 6th June, 2016. 8. Therefore, the rectification application of the Revenue calls upon the Court to re-appreciate its understanding of the order passed by the Tribunal in the case of its sister concern for Assessment Years 1996-97 to 2000-01. This on the ground that the earlier orders did not correctly understand/ interpret the order passed by the Tribunal in respect of Assessment Year 1995-96 in the case of Petitioner's sister concern. This, itself would in effect amount to Review. Therefore, outside the scope of rectification. Besides, it seeks to sit in appeal our order passed by its Coordin....