2021 (9) TMI 62

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.... Vimal Punmiya Respondent by: Shri Thanian Oommen ORDER Per Shamim Yahya, A. M.: By way of these miscellaneous applications the assessee seeks rectification of mistake of the order of this Tribunal in ITA No. 1411 & 1409/Mum/2018 vide order dated 24.09.2019. 2. We have heard both the parties and perused the records. It is the contention of the ld. Counsel of the assessee that in thi....

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....submitted that the ld. CIT(A)'s order is not at all sustainable, as it refused to follow 5 Member Special Bench decision of ITAT in the case of Narang Overseas Pvt. Ltd. (supra). He submitted that in the order of other High Courts referred by the ld. CIT(A), the issue was confirmation of smaller special bench of ITAT. 3. Per contra, the ld. Departmental Representative (ld. DR for short) submitt....

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....hus, ITAT larger bench decision is still in favour of the assessee. The decision relied by the ld. CIT(A) relate to different high court which had upheld the decision of smaller special bench of ITAT. Hence, the short and critical issue as to why the decision of larger special bench in Narang Overseas Pvt. Ltd. (supra) which has not been reversed by the Hon'ble Jurisdictional High Court is not....