Assessee's rectification request dismissed by Tribunal for not meeting criteria under section 254(2) The Tribunal dismissed the assessee's Miscellaneous Application seeking rectification of apparent mistakes in the order, related to the addition of Rs. ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Assessee's rectification request dismissed by Tribunal for not meeting criteria under section 254(2)
The Tribunal dismissed the assessee's Miscellaneous Application seeking rectification of apparent mistakes in the order, related to the addition of Rs. 1.55 lakh based on two Fixed Deposit Receipts. Despite discrepancies, the Tribunal found the issues raised did not qualify as apparent mistakes under section 254(2) of the Act. The application was deemed as a request for a review of the order, which is not permissible, leading to the dismissal of the Miscellaneous Application on 21st April, 2011.
Issues involved: Rectification of apparent mistake in Tribunal's order u/s 254(2) of the Act.
Summary: The assessee filed a Miscellaneous Application claiming mistakes in the Tribunal's order regarding the addition of Rs. 1.55 lakh based on two Fixed Deposit Receipts (FDRs) of Rs. 80,000 and Rs. 75,000. The assessee argued that the FDRs with different numbers were actually the same, supported by a certificate from Canara Bank. However, the Revenue contended that the application sought a revision of the order, not a rectification of a mistake, and should be rejected.
Upon review, the Tribunal noted that the appeal was partly heard on 3rd November, 2010, and adjourned for further hearing on 15th November, 2010. The assessee failed to present the facts and documents during the hearings, including the certificate from Canara Bank dated 24th November, 2010, which was after the conclusion of the hearing. Additionally, the assessee only provided a photocopy of the FDR from Punjab National Bank during the Miscellaneous Application proceedings, not earlier. Despite discrepancies in the Tribunal's order, they were not considered apparent mistakes eligible for rectification u/s 254(2). The Tribunal concluded that the assessee's request amounted to a review of the order, which is not permitted under the Act, leading to the dismissal of the Miscellaneous Application.
In conclusion, the Tribunal dismissed the assessee's Miscellaneous Application on 21st April, 2011.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 
Join Channel
TaxTMI 
