2004 (8) TMI 59

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..... correct in recalling a part of its order dated December 1, 1981, confirming the penalty under section 271(1)(c) of the Income-tax Act, 1961?" - we do not find any illegality in the order of the Tribunal. The question referred to us, therefore, is answered in the affirmative, i.e., in favour of the assessee - - - - - Dated:- 11-8-2004 - Judge(s) : R. K. AGRAWAL., K. N. OJHA. JUDGMENT The I .....

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..... be recalled and a fresh opportunity of hearing be allowed. The Tribunal vide order dated June 14, 1983, had partly allowed the application. It has held that grounds Nos. 2, 3 and 4 set out in the memorandum of appeal had not been considered by the Tribunal while deciding the appeal. We have heard Shri A. N. Mahajan, learned counsel appearing for the Revenue. Nobody has put in appearance on behal .....

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..... as, therefore, perfectly justified in recalling the order in exercise of powers under section 254(2) of the Act. In view of the aforesaid discussion, we do not find any illegality in the order of the Tribunal. The question referred to us, therefore, is answered in the affirmative, i.e., in favour of the assessee and against the Revenue. However, the parties shall bear their own costs. - - Tax .....

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