While deciding a case ITAT can rely on a case which has not not been cited at the time of hearing

Geo fin Investment (P) Ltd Vs. CIT (Delhi High Court) – Learned counsel for the petitioner Geo fin Investment (P) Limited, submits that the tribunal had erred in dismissing the  application under Section 254(2) of the Income Tax Act, 1961 (Act, for short) as the tribunal in its order dated 13th October, 2010, had referred to and relied upon decision of another ITAT Bench which had not not been cited at the time of hearing. He submits that the order passed by the tribunal dated 13th October, 2010 under Section 254(1) of the Act, should have been recalled. Honorable High Court  do not fi...