2020 (4) TMI 112 - AT - Income Tax

Rectification u/s 254 - mistake apparent on record - Tribunal has passed ex-parte order for non appearance of the assessee on the date of hearing - HELD THAT - Assessee has failed to make out a mistake apparent on record from the order of the Tribunal 2019 (6) TMI 1462 - ITAT MUMBAI because the Tribunal has decided the issue involved in appeal on merits, as well as the legal issue taken by the assessee challenging validity of reopening of assessment u/s 147 of the I.T.Act, 1961. Although, the Tribunal has passed ex-parte order for non appearance of the assessee on the date of hearing, but fact remains that the issues raised in appeal has been decided on merits, including legal ground taken by the assessee challenging validity of reopening of the assessment. No doubt, when appeal is disposed off, exparte it can be recalled if the aggrieved person makes out a case of reasonable cause for not attending the hearing. In this case, the assessee has failed out make out a case of reasonable cause, which can be considered to recall order. Therefore, we are of the considered view that there is no merit in miscellaneous applications filed by the assessee, which can be rectified u/s 254(2).

Summary

Issues:
1. Application filed against the Tribunal's order for AY 2009-10 and 2010-11.
2. Allegation of non-service of notice leading to an ex-parte decision by the Tribunal.
3. Failure to establish a mistake apparent on the record for recalling the order.
4. Legal challenge against the validity of reopening of assessment u/s 147 of the I.T. Act, 1961.

Detailed Analysis:
1. The assessee filed two miscellaneous applications under section 254(2) of the I.T. Act, 1961 against the Tribunal's order dated 28/06/2019 for AY 2009-10 and 2010-11.
2. The applicant claimed that the notice for the date of hearing on 25/6/19 was not served, resulting in an ex-parte decision by the Tribunal, and sought a recall of the order.
3. The Tribunal found that the issues raised in the appeal were decided on merits, including the legal challenge against the validity of reopening the assessment under section 147 of the I.T. Act, 1961. Despite the ex-parte order, the Tribunal concluded that the assessee failed to establish a mistake apparent on the record for recalling the order.
4. The Tribunal emphasized that for an ex-parte decision to be recalled, a reasonable cause for non-attendance must be demonstrated. In this case, the assessee did not provide sufficient grounds to warrant the recall of the order.
5. Consequently, the Tribunal dismissed the miscellaneous applications filed by the assessee for both assessment years, as there was no merit found to rectify the orders under section 254(2) of the I.T. Act, 1961.

This detailed analysis outlines the issues raised by the assessee, the Tribunal's assessment of the situation, and the ultimate decision regarding the dismissal of the miscellaneous applications.