In case of failure to issue proper notice to assessee, ITAT has right to review its own order

Brief of the case:

Madras High court in CIT Vs M/s Sea Rose Marines Pvt Ltd (Madras High Court) held that if the notice was not issued to the assessee properly then the ITAT had the right to review its own order. The ITAT had recalled the order and gave new decision after reviewing its own order by relying on the decision given in Rathore Brothers (2002 (254) ITR 656 (Mad).

Facts of the case:

The assessee was engaged in the business of exporting marine products and manufacturing cartoons and claimed exemption U/s 80HHC of the IT Act. The AO reworked the same and levied the tax accordingly aggrieved from the same the assessee filed an appeal with CIT(A) who ordered that the assessee was not entitled to any exemption u/s 80HHC of the IT Act, then the assessee field an appeal with ITAT who initially confirmed the order of the CIT(A) but latterly by reviewing its own order, it made decision in the favor of assessee.

Contention of the assessee:

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