High Court dismissed the order of Deoartment as per the no error apparent on the face of the record . In the review petition it was argued that there was audit objection hence circular is not applicable . Order was passed in ITA No 93/2009 dt 12 -12 2019 . Referred Income tax Department v. Krishna Ware House ITA No 75 /2019 and also CIT v. Naway Construction Co P. ltd (2018) 98 taxmann, com 294 (Bom)(HC) Haridas Das v . Usha Rani Bank (Smt) and Ors., (2006) 4 SCC 78 , State of West Bengal and Ors. v. Kamal Sengupta and Anr (2008) 8 SCC 612 Inderchand Jain (dead) Through LRs v. Motilal (dead) Through LRs, (2009) 14 SCC 663 , S. Bagirathi Ammal v. Palani Roman Catholic Mission (2009) 10 SCC 464 . Accordingly review the order dated 12.12. 2020 passed in ITA No. 93/2019 dt 31-12 -2019 (2020) 191 DTR 356 / 315 CTR 584 (MP) (HC) was dismissed as there is no error apparent on the face of the record. No case for interference is made out in the matter.
ITO v. Kalimuddin Badnawarwala (2020) 191 DTR 359 / 315 CTR 587 (MP) (HC)
S. 260A : Appeal – High Court – Review –Low tax effect -Audit objection – Appeal decided as per CBDT Circular dt 8 -8 -2019- No error apparent on the face of the record Review petition was dismissed .[ S.268A]