Allowing Assessee’s Writ, High Court held that though Tribunal’s order render a finding that no positive material was brought on record, there is no discussion whatsoever of the various case laws detailed in submissions which according to the Petitioner clinches the issue in support of its case hence the Tribunal ought to have allowed assessee’s rectification application and considered the appeal taking into account the case laws which were already cited during the hearing of the appeal. (AY. 2007-2008)
Amore Jewels (P) Ltd. v. DCIT (2018) 305 CTR 305 / 169 DTR 369 (Bom.)(HC)
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record – Non consideration of case laws cited by Assessee during the hearing by Tribunal-Impugned order passed by the Tribunal dismissing the Assessee’s Miscellaneous Application as well as the Appellate order are set aside. [S. 254(1)]