1994 (7) TMI 68

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....exercise of power under sub-section (2) of section 254 of the Income-tax Act, 1961, passed in a miscellaneous case, annexed as annexure-1, is the subject-matter of challenge in this writ application. The main ground on which the impugned order is attacked is that in exercise of power under sub-section (2) of section 254, the Tribunal may be entitled to rectify any apparent mistake in the order ....

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....neous expenses enumerated in the assessment order which was upheld by the Commissioner of Income-tax (Appeals). Later on, it was brought to their notice that the said deduction of 20 per cent. of administrative and miscellaneous expenses was not in respect of the assessment years 1985-86 to 1988-89 alone, but also in respect of the other assessment years which was the subject-matter of appeal. Ins....

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....titution of the said paragraph by the impugned order under annexure-1. In view of this conclusion of ours, the Revenue cannot have any further grievance or prejudice. Mr. Ray, learned standing counsel, in the course of his arguments contended that such entertainment of applications for rectification has become rampant and, therefore, the law in this regard must be settled. As we find, this cour....