2001 (5) TMI 969

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Revenue seeking rectification of order passed by this Bench in ITA No. 2120/Jp/95 on 25-8-2000. 2. The learned Departmental Representative submitted before us that the Tribunal vide it's aforesaid order dated 25-2-2000, has directed further deduction on account of depreciation, interest to third parties and interest paid to partners from the income computed by applying net profit rate. However, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....come after giving effects to the orders of the appellate authorities to the returned income if the same . . . . falls below the returned income and in such circumstances there was no need for the Department to file this miscellaneous application to waste the valuable time of the Tribunal. He, however, frankly and fairly submitted that the assessee has no-objection if the assesed income for the yea....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....returned income. In the present case, however, such direction had not been specifically given in the order dated 25-8-2000 in ITA No. 2120/Jp/95 [reported as New Mitharwal Construction Co. v. Asstt. CIT [2001] 72 TTJ (Jd.) 531 and to that extent there is a mistake in the said order of the Tribunal which is apparent from record. In our opinion, this mistake, being patent and self evident, may be re....