DASHRATHBHAI V. PATEL Vs. D.C.I.T.

JUDGEMENT

(1.) ALL these Applications have been filed by the Applicants on 20th of October, 2014 emanating from a common order of the Tribunal dated 28.02.2013. The Tribunal has decided the Cross Objections of the Assessee vide its order in the following manner:

(2.) NOW , the Applicant has stated that in view of the decision of Vatika Township Pvt. Ltd.,, 367 ITR 466 (SC) the view taken against the assessee is required to be corrected. The Applicant in the Application has stated as under, relevant portion reproduced:

(3.) FROM the side of the Revenue, learned Sr. D.R., Shri V.K. Singh has supported the order pronounced by the Tribunal primarily on the ground that there was no mistake in the said order of the Tribunal because at that point of time there was an order of Hon'ble Supreme Court which was duly followed by the Tribunal, therefore, the development taken place later on should not be considered as a mistake of the Tribunal because the decision of Vatika Township (P) Ltd. (supra) was not at all cited before the Tribunal being pronounced on 15th of September, 2014, however the order of the Tribunal is dated 28.02.2013.