TaxTMI 
TaxTMI 
2021 (4) TMI 417
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.... the Respondent : No Appearance JUDGMENT ( Judgment was delivered by M. DURAISWAMY, J. ) Challenging the order passed in M.A.No.22/Mds/2011 in I.T.A.No.1599/Mds/2009 in respect of the Assessment Year 2005-2006 on the file of the Income Tax Appellate Tribunal, "A" Bench(for brevity, the Tribunal), Chennai , the Revenue has filed the above appeal. 2. The assessee filed its return of income for....
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....enue filed an appeal before the Income Tax Appellate Tribunal, which dismissed the appeal with regard to Rule 8D being disallowance made under section 14A. On the issue regarding section 14A, the said issue was restored to the Assessing Officer to compute the quantum of expenses which should not be available for deduction after taking into consideration, provisions of Rule 8D. After the dismissal ....
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....eration:- "(i) Whether on the facts and in the circumstances of the case, the Income Tax Tribunal was right in law in allowing the Misc. Application of the assessee which would amount to the review of the earlier order passed by the Tribunal and is beyond the power vested under section 254 of the I.T. Act, 1961? (ii) Whether on the facts and in the circumstances of the case, the Income Tax Tr....
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....ax Act, by expunging the relevant portion in the order dated 14.10.2010. Further, the learned counsel submitted that the Tribunal has no jurisdiction to expunge the paragraph when the provisions of section 254(2) speaks only about the mistake. 5. On a reading of section 254(2), it is clear that the Tribunal, with a view to rectify any mistake apparent from the record, may amend the order. 6. In ....