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Rectification of mistake: Powers of Tribunal-Appeal order by High Court
October, 22nd 2007

H.B. Leasing and Finance Co. Ltd. vs CIT
Citation 163 Taxman 143

Rectification of mistake: Powers of Tribunal-Appeal order by High Court

The Tribunal had passed orders under s.254(1). The appeal against said order was dismissed by the High Court on 25 October 2004. Therefore, the assessee moved on application for rectification under s.254(2), which, were heard and dismissed by the Tribunal on the ground that there was no apparent error in its order. No question of law arose from Tribunals order. Further, the rectification application filed after dismissal of appeal by the High court was not maintainable.

High Court of Delhi

H.B. Leasing and Finance Co. Ltd. vs CIT

IT Appeal No. 1769 of 2006

Madan B. Lokur and V.B. Gupta, JJ

8 March 2007

Vivek Varma and Santosh K. Aggarwal for the Applicant
P.L. Bansal for the Respondent

ORDER

1. The appellant is aggrieved by an order dated 9-6-2006 passed by the Income-tax Appellate Tribunal, Delhi Bench 'E' in MA No. 375 (Del.)/05 in ITA No. 3473 (Del.)/98 relevant for the assessment year 1994-95 and MA No. 376 (Del.)/05 in ITA No. 2621 (Del.)/2000 relevant for the assessment year 1996-97.

2. The Tribunal had, on the merits of the case, passed an order dated 14-6-2004 deciding the appeal against the assessee.

3. Feeling aggrieved, the assessee preferred an appeal in this Court under section 260A of the Income-tax Act, 1961, which came to be dismissed on 25-10-2004.

4. Against the decision of this Court, the assessee preferred an appeal, which has been registered in the Supreme Court as Civil Appeal No. 5841/2005.

5. It appears that after the decision of this Court on 25-10-2004, the assessee preferred a miscellaneous application under section 254(2) of the Act before the Tribunal on 30-3-2005 in which it was mentioned that there were certain errors in the order dated 14-6-2004 and that those errors need rectification.

6. The rectification application filed by the assessee was argued and dismissed by the Tribunal by the impugned order dated 9-6-2006. The Tribunal was of the view that there were no errors apparent from the record and that rectification was not possible without re-hearing and re-adjudicating the entire subject-matter of the appeal. In other words, the contents of the application went well beyond the powers conferred on the Tribunal under section 254(2) of the Act.

7. We are of the opinion that on these facts, no substantial question of law arises for our consideration. Moreover, it is seen that the rectification application was filed by the assessee after the decision taken by this Court dismissing the appeal of the assessee under section 260A of the Act.

8. The appeal is dismissed.

 
 
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