CIT Vs. ITAT AND ORS.

JUDGEMENT

(1.) Issue rule. With consent, this writ petition has been heard for final disposal.

(2.) THE petitioner has in this petition assailed the validity of an order passed by the Tribunal under section 254 of the Income Tax Act, 1961, whereby the Tribunal has recalled its order dated 7 -8 -2003 passed in ITA No. 151/Del/2000 arid posted the said appeal for rehearing after notice to the parties. The controversy arises in the following circumstances .

(3.) SHRI Ratti Ram Gotewala was along with his family members carrying on business in sarees at Delhi and Calcutta. He was a partner in M/s. Rati Ram Ram Vinod and M/s. Rati Ram Ram Vinod and Co., besides being a director in M/s. Rati Ram Sarees Store (P) Ltd. He was also the proprietor of M/s. R. Rakesh Behari and Co.