2020 (10) TMI 1374 - AT - Income Tax

Rectification of mistake - MA is directed at the instance of Revenue pointing out apparent error in the order of the Tribunal 2024 (2) TMI 428 - ITAT AHMEDABAD - assessment framed u/s 147 relying on belief of CBI - as pleaded in the MA that case of the Revenue falls within the exception clause (e) of para-10 of the CBDT Circular i.e. proceedings in this case was taken up on the basis of external information i.e. CBI - HELD THAT - As assessee did not dispute about this, and submitted that appeal of the assessee for this assessment year is pending in the Tribunal for adjudication. This appeal was listed last on 15.9.2021, but Bench did not function, hence this is pending. He do not raise objection for recall of this order of the Tribunal for adjudication on merit. On due consideration of the above facts, this MA is allowed and the appeal of the Revenue is restored to original number. Registry is directed to list this appeal for hearing along with cross appeal.

Summary

The Appellate Tribunal ITAT Ahmedabad allowed the MA filed by the Revenue, restoring their appeal to the original number ITA No.332/Ahd/2005 for AY 1996-97, to be heard along with the cross appeal ITA No.435/Ahd/2005. The order was pronounced on 5th October 2021 at Ahmedabad.