2021 (4) TMI 417

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....he Appellant : Mr. J. Narayanaswamy , Senior Standing Counsel For 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....

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....Income Tax (Appeals), allowed the appeal. Aggrieved over the same, the Revenue 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 af....

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....the above appeal, the following substantial question of law arose for consideration:- "(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? ....

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....lication, the Tribunal has gone beyond the scope of provision of section 254 (2) of the Income Tax 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 T....