Income Tax Appellate Tribunal - Bangalore
Assistant Commissioner Of Income Tax, ... vs Arvind Chandrakant Bellad, Dharward on 21 May, 2025
IN THE INCOME TAX APPELLATE TRIBUNAL
'A' BENCH, BANGALORE
BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND
SHRI KESHAV DUBEY, JUDICIAL MEMBER
MP 14 & 15/Bang/2025
[In ITA No. 933 & 934/Bang/2024
Assessment Years: 2016-17 & 2017-18
Sri Arvind Chandrakant Bellad, Vs. The Asst. Commissioner of
68, Bellad Towers, Income Tax,
Gokul, Circle - 1(1),
Dharwad. Hubballi.
PAN - ABUPB 6065 H .
APPELLANT RESPONDENT
Assessee by : Shri Vinay Kulkarni, CA
Revenue by : Smt. Mathangi R, JCIT (DR)
Date of hearing : 25.04.2025
Date of Pronouncement : 21.05.2025
ORDER
PER WASEEM AHMED, ACCOUNTANT MEMBER:
These miscellaneous applications are filed by the Revenue under section 254(2) of the Income-tax Act, 1961 seeking recall of the order of the Tribunal dated 19.11.2024 passed in ITA Nos. 933 & 934/Bang/2024.
2. In its applications, the Revenue has pointed out that while allowing the assessee's appeal, the Tribunal relied upon the decision of the Hon'ble Karnataka High Court in the case of Shri Vishnu Meharwade MP Nos.14 & 15/Bang/2025 Page 2 of 3 (WP No. 103377/2017 dated 12.04.2023). However, the said judgment was subsequently reversed by the Division Bench of the Hon'ble High Court in Writ Appeal No. 100568/2023 (LA-RES) vide order dated 29.10.2024. This material development was not brought to the notice of the Tribunal and thus remained unconsidered in the impugned order.
3. The learned Departmental Representative submitted that the failure to consider the binding judgment of the Division Bench of the Hon'ble Jurisdictional High Court constitutes a mistake apparent from the record, justifying recalling of the order under section 254(2) of the Act. The learned Authorised Representative for the assessee could not controvert this factual assertion and did not offer any effective rebuttal.
4. Having carefully considered the submissions and the record, we are of the view that there exists a mistake apparent from the record. The Tribunal, in its order dated 19.11.2024, placed reliance on a decision which has subsequently been reversed by a coordinate bench of the Hon'ble High Court. In such circumstances, failure to consider the subsequent binding judgment amounts to a mistake apparent from the record, as laid down in a catena of judicial precedents including the decision of the Hon'ble Supreme Court in ACIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 227 (SC). Accordingly, we recall the order of the Tribunal dated 19.11.2024 in ITA Nos. 933 & 934/Bang/2024. These appeals are restored to the registry for fresh hearing. Considering the nature of the issue and in the interest of justice, we direct that the matter be listed for hearing on 29.05.2025. Since the date of hearing is announced in the open court through this order, no separate notice is required to be issued to the parties.
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MP Nos.14 & 15/Bang/2025 Page 3 of 3
5. In the result, both the miscellaneous applications filed by the revenue are hereby allowed.
Order pronounced in court on 21st day of May, 2025 Sd/- Sd/-
(KESHAV DUBEY) (WASEEM AHMED)
Judicial Member Accountant Member
Bangalore
Dated, 21st May, 2025
/ vms /
Copy to:
1. The Applicant
2. The Respondent
3. The CIT
4. The CIT(A)
5. The DR, ITAT, Bangalore.
6. Guard file
By order
Asst. Registrar, ITAT, Bangalore
.