Principal Commissioner of Income Tax-2 v. Jay Chemical Inds. Ltd.
2019-04-05
A.P.THAKER, HARSHA DEVANI
body2019
DigiLaw.ai
ORDER : Harsha Devani, J. 1. By this application, the applicant-original appellant seeks recall of the order dated 27.11.2018 rendered in R/Tax Appeal No. 197/2017 whereby this Court had permitted the applicant-original appellant to withdraw the appeal as the tax effect was below the monetary limit of Rs.50,00,000/-. 2. Mrs. Mauna Bhatt, learned senior standing counsel for the applicant has submitted that upon verification it was reported by the Assessing Officer that the actual tax effect involved in the disputed issue is Rs.65,92,080/- which is above the monetary limit prescribed by CBDT Circular 3/2018 dated 11.7.2018. It is submitted that in view of the error on the face of the record, this application has been filed seeking recall of order dated 27.11.2018 passed in Tax Appeal No.197/2017. 3. Despite service of notice of rule, there is no appearance on behalf of the respondent. 4. A perusal of the order dated 27.11.2018 passed by this court reveals that the Court has reserved the right of the applicant-original appellant to revive the appeal, in case, any discrepancy comes to notice at a later stage after withdrawal of the appeal as human error cannot be ruled out. 5. As is apparent from the submissions advanced by the learned senior standing counsel for the applicant, there has been some mistake in calculating the actual tax effect involved, which is above the monetary limit of Rs. 50,00,000/-. Therefore, the application deserves consideration. 6. In view of the above discussion, the application succeeds and is accordingly allowed. The order dated 27.11.2018 rendered in Tax Appeal No. 197/2017 is hereby recalled. Tax Appeal No. 197/2017 is hereby restored to file. Rule made absolute accordingly with no order as to costs.