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Income Tax : Effect of mistake by CIT in confirming order passed under section 153C read with Sec 153A of IT Act.

At the time of hearing before us, the learned counsel for the assessee argued at length. He stated t

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Income Tax : Order passed in violation of section 250 cannot be sustained

the facts and circumstances of the case and in law, the Ld. CIT(A) has grossly erred in rejecting th

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Income Tax : Non-mention in order does not mean that submission not considered

In the present application, the assessee has contended that in the aforesaid order, a typographical

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Income Tax : Order not supported by reasoning deserve to be set aside

The relevant facts borne out from the assessment order are that as against the returned income of Rs

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Income Tax : Validity of order passed by majority as per section 255(4) of IT

The assessee company is engaged in the business of operation and management of hotels owned by third

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Income Tax : Appeal disposed on merit without speaking order cannot be sustained

We find that CIT(A) has passed a non-speaking order by following the decision of ITAT in the case of

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Income Tax : Order passed on merits without a speaking order cannot be sustained

Against ex parte dismissal of appeal: a) For that on the facts and circumstances of the case and

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Income Tax : Assessee can recall the order if prevented by sufficient cause for non appearance

This appeal was fixed for hearing on 5.9.2012 and the same was informed to the assessee at the addre

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Income Tax : Every Judicial authority must pass a reasoned order, which should reflect application of mind by the concerned authority

Fact of the case is cash sale and reply of notice by the assessee.

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Income Tax : If the order passed by CIT is beyond the power is deserved to be set aside

Assessee took up the matter in appeal and challenged the action of Assessing Officer and it was subm

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Income Tax : As per Rule 24 of Appellat Tribunal Rule miss communication of date of hearing can deserve the order to be recalle

By this miscellaneous application, the assessee is seeking recall of the order of the Tribunal dated

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Income Tax : Order suffers from lack of reasoning and which is not a speaking order on which addition is made can be set-aside

That the Revenue has erred in law and on facts in adding the amount of ` `3,667/- which pertains to

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Income Tax : If there is sufficient cause for non appearance than the ex-party order can be recalled

We have carefully considered the submissions of the rival parties and perused the material available

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Income Tax : The show cause notice must mention the order which CIT sought to revise otherwise ntice treated to be invalid

It was the submission by the ld. AR that the show cause notice issued u/s 263 of the IT Act on 23.01

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Income Tax : Judges do not make the law, they only discover or find the correct law” and, therefore, a rectification of mistake in an order can be allowed

By way of this appeal, the Assessing Officer has challenged correctness of Commissioner of Income Ta

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Income Tax : Before passing any order provision of section 250(6) to be consider

At the time of hearing the ld. Counsel appearing on behalf of assessee has submitted a copy of the a

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Income Tax : When the circumstances under consideration same as last year it is bound to follow the the order of tribunal of previous year

Assessee company is deriving income from doing hard chromium plating on textiles, embossing rollers,

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Income Tax : Non-consideration of the submissions does constitute mistake and the order can recall

We have perused the records and considered the matter carefully. It is clear from the records that t

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Income Tax : As per sec 254 time limit for rectification of mistake in order is four year counted from the date all proceding has been completed

The facts giving rise to the present writ petition and which are necessary for a decision in this wr

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Income Tax : If the order under sec 263 does not survive than the assessment order made under that sec also not survive

We have heard both the sides and perused the material placed before us. The facts of the case are th

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