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2021 (10) TMI 462 - HC - Income TaxMaintainability of appeal - low tax effect - recalling of the order [2019 (10) TMI 1465 - GUJARAT HIGH COURT] passed by this Court while disposing of the Tax Appeal as not pressed on the ground that the tax effect involved in the Tax Appeal was below the prescribed monetary limit of ₹ 1 Cr. as per the CBDT Circular No.17 of 2019 dated 08.08.2019 - reopen the assessment of the respondent based on the audit objections raised at the relevant point of time - HELD THAT:- While noticing that the Assessment Order passed under Section 143 (3) read with Section 148 of the I.T. Act has already been decided by this Court in [2019 (10) TMI 1001 - GUJARAT HIGH COURT] the notice had been issued under Section 263 (1) of the I.T. Act on 17.10.2013 for the same assessment year seeking the dis-allowance of the incremental subsidy from exemption available under Section 10 B of the I.T. Act. On the part of the respondent, we could notice the objections essentially since the recall of the order dated 01.10.2019 passed by this Court if is if has arisen due to audit objections, the same ought to be placed on the record and without placing that material on record, no order of recall can be sought. So as not to curtail the rights of the parties in raising all the contentions including that of the audit objections, more particularly, when raised keeping in mind the decision of the Bombay High Court M/S. NAWANY CONSTRUCTION CO. PVT. LTD. [2018 (9) TMI 800 - BOMBAY HIGH COURT] we have chosen to examine the material which has been placed before us and on satisfying ourselves on this issue, we are of the opinion that the request of the department to permit the recall of the [2019 (10) TMI 1465 - GUJARAT HIGH COURT] should be allowed. In the decision of Nawany Construction Private Limited [Supra] there was an attempt to get over the binding circular without placing any material before the Court, which is not the case here. Therefore, without further elaborating on this aspect so as not to curtail the rights of the parties while recalling the order, we permit the Tax Appeal to be revived and to be placed before the Bench as per the roster.
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