2023 (2) TMI 387

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....ri Chinubhai N. Shah , AR For the Revenue : Shri Ravindra , Sr. DR ORDER PER ANNAPURNA GUPTA , ACCOUNTANT MEMBER Present Misc. Application has been filed by the assessee seeking recall of order of the Tribunal passed in ITA No.1066/Ahd/2017 dated 18.6.2019 and thereafter re-adjudicating the appeal on merit again. 2. There is a delay 923 days in filing of the Misc. Application by the....

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....le SMC Bench for Assessment Year 2013-14 is not in line with the ratio of Hon'ble Supreme Court in the case of CIT, West v/s Rajendra Prasad Moody, Calcutta 115 ITR 519 (SC) inasmuch as the Hon'ble Supreme Court in that case in very clear language has mentioned in so many paragraphs that "it is not necessary that any income should in fact have been earned as result of the expenditure. The ....

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....ult to believe that the Legislature could have ever intended to produce such illogicality". (Emphasis of underline is ours) Therefore it is earnestly requested that the issue be decided on merits so that correct ratio of Hon'ble Supreme Court may remain on record. It is further urged that provision of section 254(1) may be exercised in such a situation, so that correct justic....

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....f the delay. As per the petition filed before us, the reasons for delay , in clear and simple words, is that the assessee never cared to go through the order passed by the ITAT in its case when it was initially received by it on 18.6.2019 and went through the same only when order of the ITAT was followed by the ld.CIT(A) in the case of the assessee in subsequent assessment year i.e. Asst.Year 2015....