s.254(2) limits corrections to mistakes apparent on record; tribunal exceeded jurisdiction by relying on later decision
X X X X Extracts X X X X
X X X X Extracts X X X X
....The HC allowed the petition, holding that the ITAT exceeded jurisdiction by invoking s.254(2) to rectify its earlier order on the basis of a subsequent SC decision. The Court held s.254(2) permits correction only of a mistake apparent from the record as it stood when the original order was rendered, and a later judicial pronouncement does not constitute such a mistake. Accordingly, the HC quashed the ITAT order passed under s.254(2) and restored the original position, finding no error apparent on the record when the Tribunal's initial order was delivered; the AO's intimation under s.143(1) and the disallowance under s.36(1)(va) remain unaffected.....
TaxTMI