1996 (7) TMI 78

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.... M. LAL J.--A short question is involved in this petition and that is as to whether in the absence of any statutory provision under the Income-tax Act, 1961 (for short "the Act"), the Tribunal has any power, authority or jurisdiction to review and recall its order passed under section 256(1) of the Act ? It appears that by the impugned-order dated December 22, 1993 (annexure "5"), the Tribunal ....

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.... with a view to rectifying any mistake apparent from the record and, therefore, the Tribunal has every power, authority and jurisdiction to recall its earlier order and, consequently, the impugned order passed by the Tribunal is well within its jurisdiction and is not liable to be interfered with by this court. Heard learned counsel for the parties. A bare perusal of section 254 of the Act reve....

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....ub-section (1) of section 254. In other words, the power of the Tribunal conferred by sub-section (2) of section 254 for rectifying any mistake apparent from the record cannot be exercised by the Tribunal to recall any order passed by it under section 256 of the Act. For ready reference the provisions of section 254(1) and (2) of the Act are quoted below : " 254. Orders of Appellate Tribunal....

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....or clerical mistakes can be corrected. In Jose T. Mooken v. CIT (No. 2) [1979] 117 ITR 921 (Ker), CIT v. Suresh Kumar [1990] 186 ITR 114 (P & H), CIT v. Globe Transport Corporation [1992] 195 ITR 311 (Raj), CWT v. R. S. Seth Ghisalal Modi Family Trust [1988] 169 ITR 530 (MP), CWT v. Devi Chand Sawhney [1991] 187 ITR (St.) 43 (SC), CIT v. K. L. Bhatia [1990] 182 ITR 361 (Del) and Patel Narshi Th....