Section 254(2) – Rectification – Miscellaneous Applications before ITAT – ITAT the last fact finding authority under the Act – Non consideration of the judgments, which, at least prima facie were relevant, would certainly amount to a mistake apparent from the record.

Gulermak TPL Joint Venture vs. Income Tax Appellate Tribunal & Ors. WITH Gulermak TPL Joint Venture vs. Income Tax Appellate Tribunal & Ors.

[WRIT PETITION (L) NO.27895 OF 2025 dated 30th September 2025 (Bombay) (HC)] Assessment year 2017-18 and 2018-19

Section 254(2) – Rectification - Miscellaneous Applications before ITAT – ITAT the last fact finding authority under the Act - Non consideration of the judgments, which, at least prima facie were relevant, would certainly amount to a mistake apparent from the record.

The Petitioner is an un-incorporated joint venture between Gulermak Agir Sanayi Insaat Ve Taahhut Sirketi, a company incorporated under the laws of Turkey, and registered in India under Section 380 of the Companies Act, 2013, and Tata Projects Limited, a company incorporated under the Companies Act, 1956. The joint venture was formed by the parties to obtain and execute a contract with Lucknow Metro Rail Corporation Limited ("LMRCL"), a nodal agency established for the purpose of administering and regulating the Lucknow Metro Rail to be constructed in the city of Lucknow.

On 27^th May 2016, the Petitioner had entered into a contract with LMRCL under which the Petitioner was to design and construct a