2020 (8) TMI 661

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....n has alleged the mistake in the impugned order as under:- "In this regard, it is submitted that the Hon'ble Madras High Court while deciding the appeal in the case of Sundaram Finance Ltd. Vs. ACIT [2018] 403 ITR 407 (Madras) held that even assuming that there was defect in the notice, it had caused no prejudice to the assessee and the assessee clearly understood what was the purport and import of notice issued u/s 274 read with section 271 of the Act. The SLP filed by the assessee before the Hon'ble Supreme Court has also been dismissed ([2018] 259 Taxman 220 (SC)). The Id. D/R on the hand tried to justify the order of the lower authorities on the issue', whereas the assessee has not disclosed the correct amount of tu....

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.... the Tribunal has taken a view by following various judgments including the judgment of Hon'ble jurisdiction High Court in case of Sheveta Construction Co. vs. ITO in ITDB No. 534/2008. Therefore, a view taken by the Tribunal cannot be reviewed in the proceedings U/s 254(2) of the Act only because there is a diversion decision by non jurisdiction High Court. The ld. AR has also referred to a series of decisions of other High Courts as well as this Tribunal wherein a similar view has been taken as taken by this Tribunal in this case therefore, the jurisdiction of the Tribunal U/s 254(2) of the Act does not permit the review of its own order. He has relied upon the decision of Hon'ble Punjab and Haryana High Court in case of CIT vs. M/s Vardh....