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Appellate Tribunal ITAT Pune Recalls Orders for AY 2004-05 & 2005-06 Due to Oversight The Appellate Tribunal ITAT Pune, in a judgment by Shri R.S. Padvekar, JM, addressed two Miscellaneous Applications filed by the assessee under section ...
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Appellate Tribunal ITAT Pune Recalls Orders for AY 2004-05 & 2005-06 Due to Oversight
The Appellate Tribunal ITAT Pune, in a judgment by Shri R.S. Padvekar, JM, addressed two Miscellaneous Applications filed by the assessee under section 254(2) for the A.Y. 2004-05 and 2005-06. The Tribunal acknowledged an oversight in not considering the declaration in Form No. 8 under section 158A(1) of the I.T. Act during the disposal of the appeals. With the consent of the Ld. D.R., the Tribunal decided to recall the orders for both assessment years and rescheduled the appeals for a hearing, ultimately allowing both Miscellaneous Applications.
Issues involved: Application filed u/s. 254(2) for A.Y. 2004-05 and 2005-06 regarding declaration in Form No. 8 u/s. 158A(1) of the I.T. Act.
The judgment by the Appellate Tribunal ITAT Pune, delivered by Shri R.S. Padvekar, JM, addressed two Miscellaneous Applications filed by the assessee u/s. 254(2) for the A.Y. 2004-05 and 2005-06. The applications highlighted that the assessee had submitted a declaration in Form No. 8 u/s. 158A(1) of the I.T. Act, indicating a similar question of law pending before the Hon'ble High Court for the A.Ys. 2002-03 and 2003-04. Despite the disposal of the assessee's appeals on 30th April 2012, the Form No. 8 was not considered, leading to the need for a review of the orders. Upon examination, the Tribunal found the declaration on record, acknowledging an oversight in not considering it during the disposal of the appeals. The Tribunal, with the consent of the Ld. D.R., decided to recall the orders for both A.Ys. 2004-05 and 2005-06, i.e., ITA No.1087 and 1088/PN/2010, dated 30th April 2012. The appeals were rescheduled for a hearing on 07 December 2012, with no separate notice to be issued to the parties. Consequently, both Miscellaneous Applications were allowed, and the order was pronounced in the open Court on 09/11/2012.
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