Dismissing the miscellaneous application of the Revenue the Tribunal held that though the High Court faulted the Tribunal’s decision of reducing the penalty as a “way to bypass the minimum limit” and the Tribunal was in error in granting the relief, the same does not constitute a “mistake apparent from the record” so as to enable the Tribunal to revisit its decision. (MA No. 166/Ahd/18 Arising out of ITA No.: 210/Ahd/15, dt. 03.04.2019)(Ay. 2010-11)
ITO v. Devendra J. Kothari ( 2019) 176 DTR 289/ 199 TTTJ 1(Ahd.)(Trib.), www.itatonline.org
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record–Penalty -Though the High Court observed that Tribunal’s decision of reducing the penalty as a “way to bypass the minimum limit” and the Tribunal was in error in granting the relief, the same does not constitute a “mistake apparent from the record” so as to enable the Tribunal to revisit its decision. [S.271(1)(c)]