TaxTMI 
TaxTMI 
2010 (3) TMI 746
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....the order issued by the Tribunal refusing to entertain a rectification application filed by the Revenue under section 254(2) of the Income-tax Act, 1961 to rectify the order issued by the Tribunal in an earlier rectification application filed by the assessee to rectify the very same appellate order. 2. 3. We have heard standing counsel appearing for the appellant and Adv. Sri. A. Kumar app....
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....er section 220(2) of the Act in the revised assess-ment after the first round. Therefore, the assessee filed rectification appli-cation, M. P. No. 30 of 2001 before the Tribunal to rectify the appellate order, which was allowed by the Tribunal. The Tribunal allowed the asses-see's rectification application by holding that interest could not be levied under section 220(2) on the demand of tax pursu....
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....e Income Tax Reports and contended that, by virtue of the merger of the rectification order in the appellate order, the application filed under section 254(2) by the Revenue is still maintain-able. According to the standing counsel, the rectification order issued under section 254(2) merges with the original appellate order issued under section 254(1) and so much so a further application under sec....
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....any issue raised, still the original order can be rectified on any other issue decided by the Tribunal. However, if the rectification applica-tion filed by one of the parties is allowed or rejected by the Tribunal, the very same issue cannot be agitated in another rectification application by the opposite party. If this is done and allowed to be entertained by the Tri-bunal, then what happens is t....