First miscellaneous application filed by assessee on ground that entire on-money claimed to be received by it did not represent its income and reasonable expenses were to be deducted from same was dismissed and said order was sought to be recalled by assessee by filing second miscellaneous application which was disposed of in chambers without hearing assessee and without assigning reasons. On writ the Court held that the \u00a0Tribunal is a last fact finding authority and it is obliged to consider appeal on facts and law and aggrieved parties before Tribunal must get an opportunity to demonstrate that findings of Assessing Officer even if confirmed by First Appellate Authority, are indeed erroneous both on facts and law and that such an opportunity ought to be extended and no technicalities should come in way of a proper and complete adjudication of contested issues\u00a0 therefore, Tribunal was unjustified in rejecting second miscellaneous application filed by assessee. On facts of the case instead of sending back the matter to the Tribunal\u00a0 the Court directed\u00a0 the assessee to pay Rs 3,25,0000 lakhs as additional \u00a0tax in respect of on\u00a0 money. (AY. 1989-90 to 1993-94)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 254(2) : Appellate Tribunal- Duty- Rectification of mistake apparent from the record-First miscellaneous application was dismissed\u2013 Second miscellaneous application was disposed in chambers without hearing the assessee and without assigning reasons\u2013 Held to be unjustified- However considering the peculiar facts of the case the High High Court directed the assessee to pay Rs. 3,25,0000\/- (Three crores and twenty five lakhs) as additional tax in respect of on money. [S. 254(1)]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4722","post","type-post","status-publish","format-standard","hentry","category-digest"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-1ea","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/4722","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=4722"}],"version-history":[{"count":2,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/4722\/revisions"}],"predecessor-version":[{"id":6165,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/4722\/revisions\/6165"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=4722"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=4722"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=4722"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}