2002 (7) TMI 102

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.... the Tribunal dated December 24, 1999, on a miscellaneous application under section 254(2) of the Income tax Act, 1961. The appellant is a public limited company duly incorporated under the provisions of the Companies Act, 1956. The relevant assessment year is 1990 91. On May 31, 1995, the Tribunal has decided the appeal in I. T. A. No. 1122/ JP of 1994. Thereafter, the miscellaneous applicatio....

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....Tribunal has passed the order on May 31, 1995, and the assessee has moved the miscellaneous application on December 15, 1998, before the Tribunal, i.e., within four years, though the order has been passed on miscellaneous application on December 24, 1999. It is true that in the language the words used are that the Appellate Tribunal may at any time within four years from the date of the order rect....

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....t on the ground of limitation. Therefore, in our view, when the application was moved within four years that should be decided on the merits. As the application under section 254(2) has not been decided on the merits, we restore the matter back to the Tribunal with a direction to decide the application on the merits. The other questions which are raised need not be decided, as the matter has be....