2007 (7) TMI 44

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rnable forthwith. By consent of the parties, the writ petition is taken up for final hearing. 2 This petition is filed to challenge the order passed by the Income tax Appellate Tribunal, Bombay, dated March 7, 2007, whereby the miscellaneous application filed by the petitioners seeking rectification of mistake in the order passed by the Tribunal on May 9, 2006, has been dismissed. 3 The asse....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Assessing Officer did not raise any demand against the assessee and simply issued the penalty notice and, accordingly, held that the assessee cannot be said to be in default. 7 On appeal filed by the Revenue, the Income-tax Appellate Tribunal by its order dated May 9, 2006, held that the demand of tax in this case was undisputed and, accordingly, sustained the penalty to the extent of tax ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....onsidered in this petition is whether the Tribunal is justified in rejecting the miscellaneous application filed by the assessee on the ground that at the hearing of the appeal the assessee had not raised the plea that demand notice has not been served upon the assessee. 11 On a perusal of the order passed by the Commissioner of Income-tax (Appeals), it is seen that the penalty levied under sec....