1997 (11) TMI 67 - HC - Income Tax

Summary

Issues involved:
The judgment involves the question of whether the Income-tax Appellate Tribunal was correct in law in recalling its order and restoring the appeal for fresh disposal due to a mistaken assumption regarding relief under section 154 of the Income-tax Act, 1961.

Summary:

Issue 1: Mistaken Assumption Regarding Relief under Section 154
In an appeal before the Income-tax Appellate Tribunal, the assessee raised a ground regarding the disallowance of development rebate and relief under section 80J of the Act. The Tribunal initially decided this ground as redundant based on the assumption that relief had already been granted to the assessee under section 154. However, it later emerged that the application under section 154 was rejected, rendering the Tribunal's decision based on a mistaken assumption. Consequently, the Tribunal recalled its order and restored the appeal for fresh disposal specifically concerning this ground.

The Tribunal, u/s 254(2) of the Act, had the jurisdiction to rectify the mistake as the assumption regarding relief under section 154 was incorrect and apparent from the record. The Tribunal's decision to recall the order and dispose of the ground afresh after hearing the parties was within its powers. Therefore, the Tribunal's action was deemed appropriate and in accordance with the law.

The question posed for the opinion of the court was answered in the affirmative, favoring the assessee-respondent and against the Revenue.