Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights June 2024 Year 2024 This

The ITAT, an Appellate Tribunal, considered a case regarding ...


Appellate Tribunal dismisses compensation review case; no errors found, irrelevant references, and procedural non-compliance noted.

June 20, 2024

Case Laws     Income Tax     AT

The ITAT, an Appellate Tribunal, considered a case regarding rectification u/s 254 related to Compensation under BTALA. The Tribunal found the applicant's attempt for review without pointing out any error in the order as lacking merit. The Tribunal's original dismissal of the appeal was not to be reevaluated. Reference to CIT v/s D.P. Sandu Bros. Chembur Pvt. Ltd indicated that tenancy right surrender falls u/s 45 as capital gains, but was deemed irrelevant here. The applicant's delay in approaching the High Court and repeated adjournments weakened their position. The request for additional evidence was rejected due to lack of prescribed procedure. The applicant failed to identify any error in the order and merely reiterated previous arguments. The Tribunal concluded that the applicant's filing was not maintainable and dismissed it.

View Source

 


 

You may also like:

  1. A review application is maintainable on (i) discovery of new and important evidence which could not be produced earlier despite due diligence, (ii) mistake or error...

  2. The case involves a review petition filed in the Madhya Pradesh High Court seeking to recall an order that dismissed an appeal due to the absence of substantial...

  3. The Appellate Tribunal addressed several key issues. Firstly, on Transfer Pricing (TP) adjustment, it found errors in the CIT(A)'s decision as rectification was only...

  4. Review petition dismissed for lack of grounds permissible under law. Court found no mistake or error apparent on record to warrant review of the impugned order passed...

  5. Seeking review - error apparent on the face of record or not - The High Court held that, these documents were not part of the pleadings. Review does not mean rehearing...

  6. Petition challenging validity of reopening assessment u/s 148 dismissed. No final order passed, jurisdictional issue raised for first time in review petition. Statutory...

  7. Jurisdiction - power of Tribunal to review its own order - Power of Review has to be granted by statute and the ‘power of Review’ is not an inherent power and therefore...

  8. The review petition filed u/s 114 read with Order XLVII Rule 1 of the Code of Civil Procedure, 1908 was dismissed as the petitioner failed to establish any mistake or...

  9. Power of tribunal to review application - It is the well laid down proposition of law that ‘in the absence of any power of ‘Review’ or ‘Recall’ vested with the...

  10. The Appellate Tribunal examined whether there were sufficient grounds to recall its previous order dated 02.04.2024, wherein liberty was granted by the Supreme Court to...

  11. Power to review versus Power to rectify - cancellation of GST registration - the appellate authority erroneously exercised its power under Section 161 of the Act. The...

  12. Prayer for direction for placing the Settlement Proposal submitted by the Appellant before the CoC for consideration - CoC unanimously decided to reject the proposal...

  13. The Appellate Tribunal addressed the validity of a revision u/s 263, focusing on the alleged non-consideration of the assessee's submissions by the Principal...

  14. The High Court considered the scope of review jurisdiction regarding the inclusion of purchase price of plant and machinery in 'Fixed Capital Investment'. Review power...

  15. The High Court dismissed a review petition regarding a fraudulent Input Tax Credit (I.T.C.) claim for inward supplies. The petitioner had obtained I.T.C. based on...

 

Quick Updates:Latest Updates