COURT: | Bombay High Court |
CORAM: | M. S. Sanklecha J, Sandeep K. Shinde J |
SECTION(S): | 254(2) |
GENRE: | Domestic Tax |
CATCH WORDS: | binding precedent, power to review, rectification of mistake |
COUNSEL: | F. V. Irani, Harsh Kapadia |
DATE: | March 9, 2018 (Date of pronouncement) |
DATE: | March 21, 2018 (Date of publication) |
AY: | 2004-05 |
FILE: | Click here to view full post with file download link |
CITATION: | |
S. 254(2): Tribunal orders (in sister concern's case) are binding on the Tribunal unless set-aside or stayed. A rectification application on the ground that the orders in the sister concern's case are not correct is not permissible as it amounts to a review |
The Revenue has filed appeals in the sister concern case for the Assessment Years 199697 to 200001 under Section 260A of the Act to this Court. The question raised therein is on the issue of appropriate classification of the rent/ compensation under the head ‘income from the other sources’ or under the head ‘income from the house property’. The aforesaid appeals have been admitted and are awaiting consideration for final disposal. Till such time, as the orders of the Tribunal of its Coordinate Bench in respect of the Assessment Years 1996-97 to 2000-01 are set aside or are stayed pending the final disposal, its ratio would, prima facie, continue to be binding. Therefore, even if the Revenue seek to contend to the contrary it would be a debatable issue. This cannot be a subject matter of rectification
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