TMI Blog2021 (10) TMI 462X X X X Extracts X X X X X X X X Extracts X X X X ..... cided 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 k ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... below the prescribed monetary limit of ₹ 1 Cr. as per the CBDT Circular No.17 of 2019 dated 08.08.2019. 2. It is averred by the Revenue that after receiving the copy of the order passed by this Court, the concerned officer of the department verified the issue in the matter that had arisen, according to him, as a result of audit objection was accepted by the department. Therefore, the matter would fall under the exceptional clause (c) of Para 10 of the Amended Circular of Board No.03 of 2018 dated 20.08.2018 as modified by the Circular No.17 of 2019 dated 08.08.2019. 2.1 Hence, this application seeks to recall the order dated 01.10.2019 with the following prayers: 3 a. be pleased to allow this application; b. be f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent before the Income Tax Appellate Tribunal ( the ITAT for short), whereby the ITAT has rejected the order passed under Section 263 of the I.T. Act on 20.01.2017 and therefore, the Tax Appeal was preferred before this Court. 3.2 According to the respondent, this request of seeking to recall of the order is on account of the audit objection, which has not been placed on record. If the audit objections pertained to the original assessment and as a consequence to such audit objection, a notice under Section 148 of the I.T. Act was issued, then such audit objections cannot become an exception to the present Tax Appeal, which have originated out of the notice under Section 263 of the I.T. Act and not as a consequence to the audit objection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8377; 2,83,46,239/- claimed by the assessee in his return of income. With these facts, the order of the ITAT had been upheld. 5. The department is before this Court seeking to reopen the assessment of the respondent based on the audit objections raised at the relevant point of time. 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 Tax Appeal No.460 of 2019 and allied matters on 16.09.2019, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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