1997 (11) TMI 79

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...., the petitioner seeks quashing of the order, dt. 7th Nov., 1994, passed by the Tribunal rejecting the petitioner's application under s. 256(1) of the IT Act, 1961, as barred by time, as also the order, dt. 2nd June, 1995, rejecting the petitioner's application under s. 254(2) of the Act seeking rectification in the order, dt. 7th Nov., 1994. 2. The facts in brief. On 21st Feb., 1994, the Tribu....

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....h Nov., 1994, on the ground of the said order having been passed by overlooking the law laid down by the jurisdictional High Court, i.e., the Delhi High Court in CIT vs. Arvind Construction Co. (P) Ltd. (1991) 94 CTR (Del) 211 : (1993) 193 ITR 330 (Del) : TC 55R.689. This application has been rejected on the ground that s. 254(2) of the Act was inapplicable for seeking rectification in an order re....

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....pinion that the present one is a case where the discretionary writ jurisdiction of the High Court may not be exercised in favour of the petitioner. 5. It is not disputed that subsequent to the passing of the order of the remand, the matter reached the AO who passed a fresh order of assessment on 30th March, 1995. The assessee Dharm Pratisthanam went in appeal and the CIT(A) dismissed the appeal....

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....5) 124 CTR (Del) 259 : (1994) 210 ITR 898 (Del) : TC 55R.777. Secondly, there is a grave doubt if at all the order rejecting the reference application as barred by time, assuming it to be wrong, could be said to be suffering from such an error apparent as may be capable of being rectified merely. The Department should have promptly and with reasonable despatch filed a writ petition challenging the....