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2015 (8) TMI 1211 - BOMBAY HIGH COURT

2015 (8) TMI 1211 - BOMBAY HIGH COURT - TMI - Validity of assessment proceedings under Section 143 (3) read with Section 158BC - satisfaction had not been recorded during the course of assessment proceedings in respect of the person searched i.e. SAPL - rectification of mistake - Held that:- It was on recall application filed by the Revenue to recall the order dated 14th March, 2012 that the Tribunal realized that the proceedings in respect of the person searched i.e. SAPL has been completed on .....

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by the Revenue would amount to review during the course of hearing of the Revenue's application of recall of the order dated 14th March 2012 has to be seen in the light of the further observations of the Tribunal in the order dated 30th August, 2013 that it had committed a mistake and therefore exdebito justice, it was obliged to correct a mistake in having proceeded on fundamentally incorrect basis.

The issue does not stand concluded by virtue of the order of recall dated 30th August .....

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mmitted by it while passing order dated 14th March 2012. One more fact which cannot be lost sight of is that the period to file an appeal from the order dated 14th March, 2012 to this Court under Section 260A of the Act has long expired. Thus allowing the Petition at this late stage in the present facts may lead to injustice as it would revive the order dated 14th March, 2012 against which an appeal would be time barred. This of course, is not the basis for rejecting the Petition which we have d .....

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passed by Income Tax Appellate Tribunal (Tribunal). The impugned order dated 30th August, 2013 allowed the Miscellaneous Application for rectification / recall filed by the Revenue against the order dated 14th March, 2012 passed by the Tribunal under Section 254(2) of the Income Tax Act, 1961 (the Act) while the impugned order dated 14th January, 2015 dismissed the Miscellaneous Application for rectification/recall of the impugned order dated 30th August, 2013 i.e. in effect seeking a revival of .....

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roceedings were commenced on one M/s Sunjeet Advertising Private Limited (SAPL), consequent to its search. Thereafter a notice under Section 158BD of the Act was issued to the Petitioner but the satisfaction note of undisclosed income in case of Petitioner was not recorded in SAPL case during the course of proceedings in respect of the person searched i.e. SAPL but the satisfaction note was recorded in the Petitioner's case. The Tribunal by its original order dated 14th March 2012 proceeded .....

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enue filed rectification application before the Tribunal. This rectification / recall application was to recall the order dated 14th March 2012 of the Tribunal. The Tribunal by its order dated 30th August 2013 allowed the rectification/recall application inter alia holding that it had proceeded on a factual misunderstanding that the proceedings of the searched person i.e. SAPL was completed prior to the issuing of notice to the petitioner. It found that the assessment in case of the searched per .....

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ssessment proceedings of SAPL without ascertaining the date of completion of said proceedings. 4. On receipt of the Tribunal's order dated 30th August 2013 recalling the order dated 14th March 2012, the Petitioner filed an application to recall the order dated 30th August 2013 of the Tribunal. This recall application was made on the ground that the date of completion of the assessment proceedings in respect of the person searched was not the basis of the order dated 14th March 2012 and conse .....

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nue's application for recall of order dated 14th March, 2012 was allowed. 5. The Tribunal by an order dated 14 January 2015, rejected the Petitioner's application for recall of an order dated 30th August 2013. 6. Mr. Joshi, learned counsel for the Petitioner submits that there has been a miscarriage of justice in as much as during the course of the hearing of the application for recall of the order dated 14th March 2012 leading to order dated 30th August, 2013, the Tribunal had observed .....

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view, it is submitted that the order of the Tribunal dated 30th August 2013 be recalled as it had proceeded on a factually erroneous basis. 7. We find that the Petitioner before the Tribunal in it's appeal had taken up a stand that the satisfaction had not been recorded during the course of assessment proceedings in respect of the person searched i.e. SAPL. This is evident from para 7 of order dated 14th March 2012 passed by the Tribunal. It was on recall application filed by the Revenue to .....

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eeding of SAPL without ascertaining the date of completion of proceedings in respect of SAPL. The observations made by the Tribunal that the issue raised by the Revenue would amount to review during the course of hearing of the Revenue's application of recall of the order dated 14th March 2012 has to be seen in the light of the further observations of the Tribunal in the order dated 30th August, 2013 that it had committed a mistake and therefore exdebito justice, it was obliged to correct a .....

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