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2020 (8) TMI 661 - ITAT JAIPURRectification of mistake u/s 154 - non considering of the judgment of Hon’ble Madras High Court - jurisdiction of the Tribunal U/s 254(2) - present Misc. Application that the Tribunal has decided the appeal of the assessee by following decisions of Hon’ble Karnataka High Court as well as other decisions on the point of validity of initiation of penalty proceedings however, there is a judgment of Hon’ble Madras High Court which is in favour of the Revenue - HELD THAT:- We do not agree with this contention and plea of the Revenue simply due the reason that while deciding this issue the Tribunal has taken a firm view which is supported by various judgments including the judgment of Hon’ble jurisdiction High Court in case of Seveta Construction Co. [2016 (12) TMI 1603 - RAJASTHAN HIGH COURT]. The judgment of jurisdiction High Court is binding on this Tribunal specifically Jaipur and Jodhpur Benches of the Tribunal. The decision of Hon’ble Madras High Court was not relied upon or cited by the Revenue at the time of hearing of the appeal. Further, even in case of divergent view of the Hon’ble High Courts on a issue the Tribunal is bound by the view taken by the Hon’ble jurisdiction High Court. Hence, the decision which was not cited by the reviewed or relied upon by the Revenue at the time of hearing cannot be a ground for mistake in the order of the Tribunal when the Tribunal has followed the various other decisions of Hon’ble High Courts as well as decision of Hon’ble jurisdiction High Court. It is settled proposition of law that the jurisdiction of the Tribunal U/s 254(2) of the Act is very limited and circumscribed and does not permit any review or revision of its own decision taken on merits. Therefore, we do not find any merit or substance in the Misc. Application of the Revenue, the same is dismissed.
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