Smt. M.K. Rajeshwari Vs ITO (ITAT Bangalore)
The Income Tax Appellate Tribunal (ITAT), Bangalore, has allowed a miscellaneous petition filed by Smt. M.K. Rajeshwari, recalling its previous order dated October 12, 2018. The assessee argued that the original order suffered from a mistake apparent on the face of the record because her case was heard by a Single Member Bench, despite the total assessed income exceeding the statutory limit of Rs. 50 lakhs. According to Section 255(3) of the Income-tax Act, 1961, only cases where the total income does not exceed this amount can be heard by a Single Member. The court cited the Gee City Builders P. Ltd. v. CIT case, where a similar order was set aside by the Hon’ble Punjab & Haryana High Court. The ITAT, acknowledging that the assessed income was indeed above the limit, concluded that the original order was passed in violation of the Act’s provisions. Consequently, the tribunal recalled the order and directed the registry to list the appeal for a fresh hearing before a Division Bench. The decision underscores the importance of adhering to jurisdictional limitations prescribed by law.
FULL TEXT OF THE ORDER OF ITAT BANGALORE
This miscellaneous petition is filed by the assessee u/s. 254(2) of the Income-tax Act, 1961 [“the Act”] stating that the order of Tribunal dated 12.10.2018 suffers from mistake apparent on the face of record and praying that the order of Tribunal should be recalled and the appeal be posted for hearing afresh.
