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2022 (3) TMI 1562 - ITAT CUTTACKRectification u/s 154 - revenue seeks to recall the order of the ITAT [2019 (9) TMI 1714 - ITAT CUTTACK] questioning Applicability of monetary limits fixed for filing further appeals on the assesses claiming bogus LTCG/STCL through alleged transaction in penny stocks - scope of CBDT Circular dated 6.9.2019, special circular dated 16.9.2019 - Tribunal has not dealt the matter on merits but dismissed on the ground of monetary limits. Therefore, the order be recalled and decided on merits - HELD THAT:- In this case, we find that the order has been passed by the Tribunal on 26.9.2019 and the CBDT issued special circular on 6.9.2019, special circular dated 16.9.2019 i.e. before passing the order of the Tribunal. Therefore, it cannot be alleged that special circular has not been considered by the Tribunal, which is not a mistake apparent on record to recall the order for fresh consideration. In view of above, we dismiss the M.A. application filed by the revenue.
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