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| The Tax Publishers2020 TaxPub(DT) 0527 (All-HC) INCOME TAX ACT, 1961
Section 260A
Where entire case sought to be made by review-applicant, being assessee, with regard to error apparent on the face of the record of judgment under review, which on a plain reading clearly revealed that the Court merely recorded the contention of assessee and that had no reflection at all in respect of the ultimate analysis of Court while arriving at a decision to dismiss the appeal filed by the assessee, therefore, review petition was liable to be dismissed.
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Review - Appeal (High Court) - Rectification of mistake -
Assessee filed this petition for rectification. There exists no ingredients for the purpose of invoking the principles analogous to provisions as contained under Order XLVII of the Code of Civil Procedure, 1908, in order to review the judgment and Order, dated 3-3-2017, passed by an earlier Division Bench in Income Tax Appeal Defective No. 124 of 2015, whereby the Court proceeded to dismiss the Income Tax Appeal Defective No. 124 of 2015. Held: Considering the volume, frequency and other relevant things in respect of various transactions on the part of assessee, the court is having no hesitation in holding that it showed a substantial participation of assessee in the shares as trading. In fact, entire case sought to be made by review-applicant, being assessee, with regard to error apparent on the face of the record of the judgment under review, which on a plain reading clearly revealed that Court merely recorded the contention of assessee and that had no reflection at all in respect of the ultimate analysis of the Court while arriving at a decision to dismiss the appeal filed by assessee. The review petition was, therefore, liable to be dismissed.
REFERRED :
FAVOUR : Against the assessee
A.Y. :
IN THE ALLAHABAD HIGH COURT
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