https://www.taxtmi.com/caselaws?id=17979 The High Court dismissed the Department's application under section 256(2) of the Income-tax Act, 1961, seeking direction to the Income-tax Appellate Tribunal to refer questions of law arising from its order. The Court held that the Tribunal's decision to recall its order was based on factual appreciation and did not raise any referable question of law. The Tribunal's recall did not result in an adverse final order against the Department, as the penalty imposition still stood, allowing the Department to present its case before the Tribunal. The Court emphasized the absence of perversity in the Tribunal's decision and upheld its authority to recall the order based on factual errors. en-us Fri, 22 Mar 1996 00:00:00 +0530 Sat, 26 Sep 2009 10:37:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=17979 The High Court dismissed the Department's application under section 256(2) of the Income-tax Act, 1961, seeking direction to the Income-tax Appellate Tribunal to refer questions of law arising from its order. The Court held that the Tribunal's decision to recall its order was based on factual appreciation and did not raise any referable question of law. The Tribunal's recall did not result in an adverse final order against the Department, as the penalty imposition still stood, allowing the Department to present its case before the Tribunal. The Court emphasized the absence of perversity in the Tribunal's decision and upheld its authority to recall the order based on factual errors. Case-Laws Income Tax Fri, 22 Mar 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=17979