2020 (8) TMI 661

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....IT) ORDER PER: VIJAY PAL RAO, J.M. By way this Miscellaneous Application the Revenue is seeking recalling of order dated 12.02.2019 of this Tribunal. Due to prevailing COVId-19 pandemic condition the hearing of the appeals are concluded through video conference. 2. The Revenue in the Misc. Application has alleged the mistake in the impugned order as under:- "In this regard, it is submitted t....

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.... AO and therefore, it was known to the assessee that he has concealed the particulars of income. While passing the order, the Hon'ble ITAT has not considered the latest judgment of Hon'ble Madras High Court in the case of Sundaram Finance Ltd., therefore, in the impugned order has been made in this regard which is a mistake in the order." 3. The ld. DR has submitted that this Tribunal whi....

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....gh Court and consequently the impugned order be recalled for fresh hearing. 4. On the other hand, the ld. AR of the assessee has submitted that 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 proc....

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....ded the appeal of the assessee by following decisions of Hon'ble Karnataka High Court as well as other decisions on the point of validity of initiation of penalty proceedings however, there is a judgment of Hon'ble Madras High Court which is in favour of the Revenue. Therefore, non considering of the judgment of Hon'ble Madras High Court amounts to a mistake apparent on record requires rectificati....