2024 (1) TMI 118

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....s 2011-2012. 2. The two misc. applications were filed by petitioner (assessee) seeking recall of an order dated 29th April 2022 passed by the ITAT in ITA No. 2595/MUM/2019 alongwith Cross Objection No. 103/MUM/2021. Following are the mistakes that were alleged to be apparent on record in the impugned order : I. Violation of Rule 46A of the Rules : The Revenue had neither raised the violation of the Rule 46A in the grounds of appeal, nor was it argued by the revenue, nor an opportunity was given to the appellant to explain the case there by violating the principle of natural justice. Without prejudice to the above, If Department has raised the violation of Rule 46A, the respondent would have made an application before the Appella....

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....assessee did not accept that suggestion because according to the assessee's representative it was not possible for the assessee to produce the parties, from whom the assessee is alleged to have obtained unsecured loans, before the Assessing Officer or the learned CIT(A). 4. Dr. Shivaram stated and rightly so that it was not within the power of the assessee to produce third parties before the Income Tax officer. If the officer feels presence of certain parties are required for him to probe the matter further or go behind the entries made by the assessee in its books of accounts, the Assessing Officer should exercise his powers under Section 131 of the Act by issuing a summons to those parties. Dr. Shivaram stated that of course the assess....