Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2013 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (7) TMI 352 - ITAT JODHPURRectification of mistake - penalty levied is unreasonable and excessive. The AO has levied penalty @ 150% of the tax sought to be evaded - Held that:- If the argument and ground were not disposed off is a mistake apparent from rerecord. As in thus case argument was taken in course of hearing was also not consider and adjudicated. This too is covered by the judgment of CIT Versus Ramesh Chand Modi (2000 (7) TMI 8 - RAJASTHAN High Court). Also see CIT vs. Keshav Fruit Mart (1991 (11) TMI 24 - ALLAHABAD High Court) wherein held that the question for consideration was whether there was a mistake apparent from the record in that a ground raised in the memorandum of appeal before the Tribunal was not at all considered by the Tribunal. Tribunal has not at all discussed that ground in its order and complete omission to discuss the ground set up in appeal is undoubtedly a mistake apparent from the record. Also see B. Karamchand Piarelal vs. ITO [2003 (12) TMI 262 - ITAT AMRITSAR] After considering the above submissions we are satisfied, that the 'addition ground raised' regarding excessiveness of the penalty levied u/s 271(1)(c) of the Act remained unadjudicated. This is a rectifiable mistake inadvertently committed, and this can be rectified under the provisions of Section 254(2). Other submissions are simply admitted at the re-writing of the order which is not permissible under section 254(2). Accordingly the Tribunal Order is recalled only for the limited purpose of deciding the additional legal ground raised and reject other referred mistakes - appeal partly allowed.
|