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2022 (5) TMI 1598 - AT - Income TaxRectification of mistake - maintainability of appeal before ITAT on low tax effect - as per DR appeal of the Department was dismissed by considering the low tax effect while the tax effect in this case was above the monetary limit as prescribed - HELD THAT - After considering the submissions of both the parties and the material available on the record it is noticed that inadvertently and due to oversight the tax effect in the aforesaid referred to departmental appeal was wrongly considered as less than Rs. 50, 00, 000/- and the appeal of the Department was dismissed by keeping in view the CBDT Circular No. 17/2019 dt. 08/08/2019. As the mistake is apparent from the record therefore we recall the order 2019 (8) TMI 1885 - ITAT CHANDIGARH and direct the Registry to fix the said appeal on 27/07/2022 before the regular Bench.
Issues:
Department's appeal dismissed due to low tax effect above the prescribed limit. Analysis: The judgment pertains to a Miscellaneous Application by the Department arising from a common order dated 23/08/2019 in Cross Appeals in ITA No. 172/Asr/2018 and ITA No. 398/Chd/2018 related to M/s Taj Travels Pvt. Ltd. The Department highlighted that their appeal was dismissed based on the consideration of low tax effect, whereas the tax effect in question amounted to Rs. 50,44,836, exceeding the monetary limit set by CBDT Circular No. 17/2019. The Ld. Sr. DR submitted during the hearing that the appeals were decided incorrectly due to the tax effect being mistakenly perceived as less than Rs. 50,00,000. The Ld. Counsel for the assessee did not contest this assertion. Consequently, upon reviewing the submissions and available material, it was acknowledged that the tax effect was erroneously assessed, leading to the dismissal of the Department's appeal. As the mistake was evident, the order dated 23/08/2019 was recalled in ITA No. 398/Chd/2018, and the appeal was directed to be scheduled before the regular Bench on 27/07/2022. The Miscellaneous Application filed by the Department was allowed, resulting in the aforementioned outcome. The order was pronounced in the open Court on 31/05/2022.
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