NOTIONAL CHITS & LOANS PVT LTD,THRISSUR V. ITO WARD 1(1), TRICHUR

MA 59/COCH/2025

AI Insights

The case involves Notional Chits & Loans Pvt. Ltd., the applicant, who filed a miscellaneous application seeking recall of an order passed by the Income Tax Appellate Tribunal, Cochin Bench. The application was based on an alleged typographical error in the email ID mentioned in Form 36, which purportedly led to the appellant's inability to represent the matter in the earlier proceedings. The Tribunal had previously adjourned the hearing due to the absence of representation and subsequently disposed of the appeal on merits. The Tribunal dismissed the recall application, emphasizing that the grounds presented were akin to a review of the earlier decision, which is not allowed under the specified section of the Income Tax Act.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 782114 (ITAT-COCHIN)
• Duration Of Justice: 3 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-10-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2018-2019
• Appeal Filed On: 08-07-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LEENA LAL

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI INTURI RAMA RAO, AM AND SHRI RAHUL CHAUDHARY, JM MA No. 59/Coch/2025 (Arising out of ITA No. 853/Coch/2024) (Assessment Year: 2018-19) Notional Chits & Loans Pvt. Ltd. .......... Applicant IX/432, Vadanapilly, Thrissur 680614 [PAN: AABCN4095N] vs. The Income Tax Officer, WD-1(1), Thrissur .......... Respondent Applicant by: Shri Ashok Cheeran, CA Respondent by: Smt. Leena Lal, Sr. D.R. Date of Hearing: 22.08.2025 Date of Pronouncement: 27.10.2025 O R D E R Per: Inturi Rama Rao, AM The present miscellaneous application is filed by the assessee seeking recall of the order passed by this Tribunal in ITA No. 853/Coch/2024 dated 19.02.2025 for assessment year (AY) 2018-19 on the ground that the appellant could not represent the matter due to inadvertent typographical error in the email ID mentioned in Form 36. 2. We have heard the rival contentions and perused the material available on record. On verification of the record it is apparent that the matter was posted on earlier occasion on 30.01.2025 and was Printed from counselvise.com 2 MA No. 59/Coch/2025 Notional Chits & Loans Pvt. Ltd. adjourned as none appeared on that date to 05.02.2025. Again, on the said date since none appeared despite service of notice and publication of the cause list on ITAT website, the appeal was disposed of on merits after considering the material on record. Since the appellant had not shown sufficient reasons for non appearance, we are of the considered opinion that it is not a fit case to recall the order as the appeal was disposed of on merits after considering the material on record. Therefore, the submission made on the merits of the addition amounts to review of the matter, which is not permissible under the provisions of section 254(2) of the Income Tax Act, 1961 (the Act). 3. In the result, the assessee’s miscellaneous application stands dismissed. Order pronounced in the open court on the conclusion of the hearing. Sd/- Sd/- (RAHUL CHAUDHARY) JUDICIAL MEMBER (INTURI RAMA RAO) ACCOUNTANT MEMBER Cochin, Dated: 27th October, 2025 n.p. Copy to: 1. The Applicant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File Assistant Registrar ITAT, Cochin Printed from counselvise.com "