2019 (1) TMI 949

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....see : Shri V.K. Gurunathan, Advocate For the Revenue : Dr. P.V. Pradeep Kumar, Addl. CIT (DR) ORDER PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER; This M.P. is filed by the assessee in which it is contended that as per Para no. 10 of the impugned Tribunal order, the Tribunal has decided the issue on this basis that various judgements referred to by the assessee are all distinguishable on fa....

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....uation, it cannot be held that prior to the said date, the assessee was not holding the flat. He submitted that at least this judgment of Hon'ble High Court of Punjab & Haryana is having similar facts and therefore, there is an apparent mistake in the Tribunal order because the Tribunal has held that all the judgements cited by ld. AR of assessee are distinguishable on facts without giving any det....

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....hable on facts and in course of hearing of the M.P., it was the submission that at least in the judgment rendered in the case of Vinod Kumar Jain Vs. CIT &Ors. (supra), the facts were at least apparently similar and hence, in our considered opinion, there is apparent mistake in the Tribunal order while deciding this issue in respect of holding period of the asset in question on sale of which the r....

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....tribunal that facts are distinguishable without indicating any basis for that and it is seen that the facts are at least similar although not identical in this judgment of Hon'ble High Court of Punjab & Haryana rendered in the case of Vinod Kumar Jain Vs. CIT &Ors. (Supra). We want to make it clear that this Tribunal order is being recalled for this limited purpose of deciding the nature of capita....