2015 (3) TMI 154

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....stances of the case, the Tribunal was right in holding that the application for rectification under Section 254, filed well within time becomes infructuous if the Tribunal takes it up for hearing only after the lapse of four years from the date of the order sought to be rectified? 2. The facts, in a nutshell, are as follows :- The Revenue filed Miscellaneous Petition for rectification of the order passed by the Tribunal in ITA No.19/Mds/1995 dated 28.7.03 within the same year. The Miscellaneous Petition was numbered as 268/Mds/2003, but, however, the same was taken up by the Tribunal for hearing only in September, 2007, at which point of time, the Tribunal dismissed the same on the ground that more than four years having elapsed from ....

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....8. In the light of the above controversy, we set out hereinbelow the provisions of section 254(2) of the 1961 Act which read as follows : "The Appellate Tribunal, may at any time within four years from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1), and shall make such amendment if the mistake is brought to its notice by the assessee or the Assessing Officer." 9. Analysing the above provisions, we are of the view that section 254(2) is in two parts. Under the first part, the Appellate Tribunal may, at any time, within four years from the date of the order, rectify any mistake apparent from the record and amend any order passed by it under sub-se....