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Issues involved: Review of Tribunal order u/s 254(2) of the Income Tax Act, 1961 regarding applicability of section 40(a)(ia) of the Act.
The present Miscellaneous Application filed by the applicant-Revenue sought review of the Tribunal's order dated 15.5.2012 in ITA No.116/Chd/2012 concerning the Assessment Year 2007-08. The issue in question pertained to the applicability of section 40(a)(ia) of the Act, with the Tribunal basing its decision on the precedent set by the Special Bench. The applicant-Revenue argued that the narrow interpretation adopted could undermine the legal framework for enforcing TDS provisions, requesting the Tribunal to rectify the order and reinstate the applicability of section 40(a)(ia) to such cases (para. 2). The learned D.R. for the applicant-Revenue was unable to identify any defects in the Tribunal's order upon being asked, while the learned A.R. for the assessee contended that a review through a Miscellaneous Application was not permissible under the Act (paras. 3-4). Upon considering the arguments presented, it was noted that the applicant-Revenue sought the recall of the Tribunal's order for review based on certain facts. However, it was clarified that under section 254(2) of the Act, rectification of any mistake apparent from the record is allowed, but review of the Tribunal's order is not permitted under the same section. Consequently, the Tribunal found no merit in the Miscellaneous Application and dismissed it (para. 5). In conclusion, the Tribunal dismissed the Miscellaneous Application filed by the applicant-Revenue, thereby upholding its original order (para. 6).
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