2018 (8) TMI 1641

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....sgupta Addl. CIT ORDER Per Dr. Arjun Lal Saini, AM By way of captioned application, the assessee has sought to point out that a mistake apparent from record within the meaning of section 254(2) of the Income Tax Act, 1961(in short 'the Act') has crept in the order of the Tribunal dated 27.07.2017. 2. The case of the assessee in this Miscellaneous Application is that the assessee could ....

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.... now and recall the order based on the fresh documents and papers submitted by the assessee then it would tantamount to review the order. The Ld DR pointed out that Tribunal is not authorized to review its own order. As per section 254(2) of the Act only mistake apparent from the record can be rectified by the Tribunal. If the assessee has failed to file the paper book during the course of hearing....

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....ew of order is not permitted, only apparent mistake can be corrected and rectified as per section 254 (2) of the Act. We note that if the Tribunal recalls its order based on these circumstances, then there would not be any finality and it will become a never ending process, as the Department may also come before the Tribunal with similar request to recall the order in similar circumstances. 5. ....

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....rguments made by the Assessee and Department before the Bench. Hence, there is no mistake apparent from record. 6. We note that the Income-tax Appellate Tribunal is a creature of the statute. It has not been vested with the review jurisdiction by the statute creating it. The Tribunal does not have any power to review its own judgments or orders.It is to be remembered that an oversight of a fact....