Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Don't have an account? Register Here
<h1>Tribunal denies rectification plea, emphasizes limited scope for errors correction. Decision final.</h1> <h3>Shri Ashwin Joshi, Hyderabad Versus. Asstt. Commissioner of Income-tax</h3> Shri Ashwin Joshi, Hyderabad Versus. Asstt. Commissioner of Income-tax - TMI Issues: Rectification of order by ITATAnalysis:1. The applicant sought rectification/recall of the order of the ITAT dated 31.7.2013 in ITA No.1428/Hyd/2012 of the Revenue and ITA No.1269/Hyd/2012 of the assessee, alleging mistakes apparent from the record.2. The applicant's counsel argued that the Tribunal erred in not adopting the value of the property as on 1.4.81 before indexation, as per the grounds in the appeal. The counsel highlighted mistakes in the Tribunal's order, such as a suo motu observation regarding the registered valuer's impartiality and failure to follow relevant decisions, including one from the Bombay High Court. The counsel also pointed out that the Tribunal did not provide reasons for not following the cited decisions and overlooked a decision of the Hyderabad 'A' Bench.3. The Departmental Representative contended that there were no apparent mistakes in the Tribunal's order and opposed the applicant's plea, deeming it meritless.4. Upon reviewing the submissions and the order, the Tribunal found that the applicant's contentions were centered on criticizing the Tribunal's observations and decision-making process, rather than pointing out specific mistakes in the order. The Tribunal emphasized that the scope of rectification under S.254(2) of the Act is limited to correcting obvious errors in the order, which were not identified by the applicant. Consequently, the Tribunal rejected the application, stating that seeking a review of the order based on disagreement with decisions cited is not permissible under the rectification process.5. The Tribunal pronounced its decision on 3.2.2014, rejecting the Miscellaneous Application of the assessee, thereby concluding the matter.