2024 (4) TMI 1246

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.... ORDER PER DR. A. L. SAINI, AM: By way of the captioned Miscellaneous Application, the Revenue has sought to point out that a mistake apparent from record within the meaning of section 254(2) of the Income Tax Act, 1961 (in short 'the Act') has crept in the order of the Tribunal dated 22.02.2023. 2. The learned Senior Departmental Representative (ld. Sr. DR) for the Revenue argued that w....

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....gued that Tribunal has passed the speaking order on merit; therefore it should not be recalled, as there is no mistake apparent from record. 4. We have heard both the parties and perused the material available on record. We note that learned Senior Departmental Representative (ld. Sr. DR) for the Revenue argued that the disallowance of bogus purchases in the case of textile industries is at the....

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....six months from the end of the month in which the order was passed], with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1), and shall make such amendment if the mistake is brought to its notice by the assessee or the [Assessing] Officer. Provided that an amendment which has the effect of enhancing an assessment or reducing a ref....

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.... may be discovered by a complicated process of investigation, argument or proof. Therefore, amendment of an order under section 254(2) of the Act, does not mean entire obliteration of order originally passed by the Tribunal and its substitution by a new order of Tribunal, this is not permissible under section 254(2) of the Act. Power to rectify an order, under section 254(2) of the Act is extremel....