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2019 (6) TMI 1227 - HC - Income TaxRestoration of appeal - earlier withdrawn appeal on ground that tax effect was below the monetary limit of ₹ 50,00,000/- - human error - HELD THAT - Now, the applicant has filed the present application bringing to the notice of the court the fact that the tax effect involved in the captioned tax appeal is ₹ 3,08,44,800/-. Evidently therefore, the appeal was withdrawn on account of an error on part of the applicant. The tax appeal, therefore, deserves to be restored. For the foregoing reasons, the application succeeds and is, accordingly, allowed.
Issues:
1. Recall of order permitting appeal withdrawal due to tax effect below prescribed limit. Analysis: The judgment involves an application seeking the recall of an order dated 27.11.2018 passed in Tax Appeal No.308 of 2014. The applicant requested the recall as the tax effect involved in the appeal exceeded the monetary limit of ?50,00,000 prescribed in Circular No.3 of 2018. The learned Senior Standing Counsel for the applicant highlighted that the tax effect in the appeal was ?3,08,44,800, well above the prescribed limit. The applicant argued that the appeal was withdrawn due to an error and should be restored to file based on this discrepancy. The court noted that despite the service of notice, there was no appearance on behalf of the respondent. The previous order had allowed the applicant to withdraw the appeal with the provision to revive it if any discrepancy surfaced later. The applicant's current application revealed the error in tax effect calculation, justifying the restoration of the appeal. Consequently, the court granted the application, recalling the previous order and restoring Tax Appeal No.308 of 2014 to the file. The judgment emphasized that the appeal withdrawal was a result of an error on the applicant's part, warranting its revival. In conclusion, the court allowed the application, recalling the order dated 27.11.2018 and restoring Tax Appeal No.308 of 2014 to the file. The judgment made the rule absolute with no order as to costs, indicating a successful outcome for the applicant based on the discrepancy in the tax effect calculation.
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