The Commissioner Of Income Tax, Address: Alwar v. Shri Ratanlal Narharpuriya, Address: Village Halena, Bharatpur

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANBENCH AT JAIPUR D.B. CIVIL MISCELLANEOUS APPLICATION NO. 559 / 2016 in DB Income Tax Appeal No.170/2004 The Commissioner of Income Tax, Address: Alwar ----Appellant Versus Shri Ratanlal Narharpuriya, Address: Village Halena, Bharatpur ----Respondents __________________________________________ For Petitioners :Mrs Parinitoo Jain For Respondents : __________________________________________ HON'BLE MR. JUSTICE M.N. BHANDARI HON'BLE MR. JUSTICE JAINENDRA KUMAR RANKA Order 20/12/2016 The misc application has been filed to seek recall ofthe order dated 27.4.2016. It is precisely on the ground thatthe tax effect in the case is more than Rs.20 lakh. Learned counsel appearing for the revenue bona fidemade statement about tax effect to be less than Rs.20 lakhand, accordingly, appeal was dismissed covering it by thecircular dated 10.12.2015. The prayer is made to recall theorder and restore the appeal. We have considered the submissions made bylearned counsel for revenue. The appeal preferred by thedepartment was dismissed on the statement of learned counselfor the revenue that tax effect involved is less than Rs.20 lakh,whereas, according to the department, it is more than Rs.20lakh. The mistake aforesaid was realised after receipt of theorder. In view of aforesaid, order dated 27.4.2016 is recalled asthe tax effect in the case is of more than Rs.20 lakh. Theappeal is restored to its original number and it be listed beforethe regular Bench. (JAINENDRA KUMAR RANKA)J. (M.N. BHANDARI)J. bnsharma