2014 (7) TMI 1353

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....er Applicant by : Shri J.D. Mistri Revenue by : Shri B. Satyanarayana Raja O R D E R Per Vijay Pal Rao, Judicial Member: By way of this Miscellaneous Application the Assessee is seeking rectification of mistakes u/s. 254(2) in the order of this Tribunal dated 12/08/2011 for the assessment year 1999-2000. 2. We have heard the ld. Sr. Counsel Shri J.D. Mistri as well as the ld. DR ....

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....o.1 for A Y 1999-00: 1. On the facts and circumstances of the case and in law, the Appellant prays that the ("AO") be directed to: i). Exclude from the taxable profits, the sales tax exemption benefit of Rs. 2,37,47,223/- which is included in Sales and which is taxed in the assessment order as part of profits of the business; II. To treat the same as capital receipt not ....

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....94,884) and reduced the total income accordingly". 3.1 The order dated 12/08/2011 is a composite order whereby two sets of cross appeals as well as cross objections for assessment years 1998-99 and 1999-2000 are decided. 4. We note that these two additional grounds remained un-adjudicated for the assessment year 1999-00. The ld. Sr. Counsel has pointed out that the additional ground No.1 is ....

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....ound No.2 the ld. Sr, Counsel has pointed out that an identical issue has been decided by the Tribunal for the assessment year 1995-96 and by following the order of this Tribunal the AO has allowed the claim of the Assessee while passing the order giving effect to the order of this Tribunal. We find that AO has already allowed the claim of the Assessee as raised in additional ground No.2 for the a....