What is an ITAT order?
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Can ITAT review its own order?
The Tribunal cannot recall its own order in the garb of power vested u/s 254(2) of the Act. Recalling of the order will tantamount to rehearing of the appeal. This power is not vested with the Tribunal. Accordingly dismiss the Misc.30-Jul-2020
The Central Government may, authorize a member of ITAT to constitute a SMC to dispose of case sitting singly. The case has first to be allotted to a bench, and then a member of that bench can be authorized to decide the case sitting singly.15-Jun-2015
What is appeal effect order?
The appeal effect order passed by the Assessing Officer in contravention of the order of the learned CIT (Appeals) is appealable order and appeal lies against the order of the Assessing Officer before the learned CIT (Appeals).16-Jun-2015
Reference has also been made to Section 288 of the Income Tax Act, 1961 read with Rule 50 of the Income Tax Rules, 1962 whereby CAs are allowed to appear before Income tax Authorities.
Can appeal be filed against 154 order?
The Appellate Tribunal can rectify its order under Section 254(2) but not under Section 154 as it is not an income tax authority. If any matter had been considered and decided in any proceeding by way of appeal or revision, rectification of such matter cannot be done by the Assessing Officer under Section 154.
2011, the present monetary limits are Rs 5 lakhs/Rs 10 lakhs/ Rs 25 lakhs respectively for appeal to be filed in the Tribunal/High Courts and the Supreme Court.
What are the appealable orders before the commissioner?
(r) an order made by an Assessing Officer other than a Deputy Commissioner under the provisions of this Act in the case of such person or class of persons, as the Board may, having regard to the nature of the cases, the complexities involved and other relevant considerations, direct.
The ordinary rule is that an appeal can be filed only by a party to a suit adversely affected by the decree or any of its representatives in the interest However, with the leave of the court, a person who is not a party to a decree or order can prefer an appeal against such decree or order.08-Jan-2021
What are the grounds of appeal?
The grounds of appeal are often described as the first stage of convergence as the scope of the case is limited by the decision under appeal. As the appeal progresses subsequent stages of convergence are reached which further limit the ability to amend a case.03-Jun-2021
In case of an appeal against the penalty order the Commissioner of Income-tax (Appeals) may confirm, reduce or enhance the penalty. Before enhancing any assessment or penalty, the Commissioner of Income-tax (Appeals) has to provide a reasonable opportunity to the taxpayer to present his case against such enhancement.
Can a CS fight a case in court?
No, its not possible because as per Advocate Act 1961 you can't pursue any other career if you are practicing as a lawyer in any court of India.
Can a chartered accountant in practice also practice as an advocate? A. Yes, direction given by the Council under Clause (7) of Part I of the First Schedule to the CA Act prescribes that a chartered accountant in practice who is otherwise eligible may practice as advocate, subject to the permission of the Bar Council.
Can a CA appear in DRT?
Advocates having specific knowledge of the subject are deemed competent to handle cases before the tribunal, bankers said. Hence, it is not advisable to permit chartered accountants to appear before DRT for banks as they would not be competent enough to handle a case before the tribunal, they added.14-Mar-2009
As per section 154, any mistake apparent from the record can be rectified by the Income Tax Authorities in following cases: a) Any order passed under any provisions of the Income-tax Act. b) Any intimation or deemed intimation sent under section 143(1).
How many times rectification u/s 154 can be filed?
Time-limit for rectification The period of 4 years is from the date of order sought to be rectified and not 4 years from original order. Hence, if an order is revised, set aside, etc., then the period of 4 years will be counted from the date of such fresh order and not from the date of original order.11-Jun-2022
You can file another Rectification ONLY once the previous one is processed in CPC. You will get an Order u/s 154 once the Rectification is processed. To view the status of your e-Filed Rectification, LOGIN and GO TO 'My Account' → 'Rectification status'.04-Mar-2020
Under what conditions appellate authority can reject the appeal?
Appellate tribunal may refuse to admit such appeal when the amount of tax, input tax credit, fine, penalty or the difference in tax, input tax credit is up to Rs. 50,000. The word used is 'or'. Hence, even if total demand exceeds Rs 50,000, if individual amounts are less than Rs 50,000, appeal cannot be refused.
1. The facility of e-Filing is not mandatory but optional and will not substitute the existing practice of presenting Appeals, Cross Objections, Stay Applications and Miscellaneous Applications in paper form.
What is cross objection in ITAT?
The ITAT may accept a memorandum of cross objection even after the period of 30 days if it is satisfied that there was sufficient cause for not submitting the same within the prescribed time. Person who is competent to sign Form 36 (i.e., form of appeal) has to sign and verify the memorandum of cross objections.11-Jun-2022
What is an ITAT order?