2004 (8) TMI 59

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....ome-tax Act, 1961 (hereinafter referred to as an Act), for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally 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?" The present reference relates to the assessment year 1973-74. T....

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....n adjudicated upon by the Tribunal. We are in respectful agreement with the decision of the court in the case of CIT v. Keshav Fruit Mart [1993] 199 ITR 771 (All) which held that (headnote): "Omission to consider a ground raised in the memorandum of appeal before the Income-tax Appellate Tribunal is a mistake apparent from the record and the Tribunal would be justified in setting aside its order ....