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Issues Involved:
The correctness of the order passed by the Income-tax Appellate Tribunal under section 254(2) of the Income-tax Act, 1961 is challenged. Judgment Summary: Issue 1: Application of Section 254(2) of the Income-tax Act The Commissioner challenged the Tribunal's order under section 254(2) of the Act, alleging a mistake apparent from the record regarding the applicability of section 176(3A). The Tribunal recalled its earlier order to rectify the alleged mistake. The Commissioner contended that there was no such mistake, as the Tribunal did refer to the relevant aspect. The Court analyzed the meaning of "mistake apparent from the record" and held that the Tribunal's conclusion of a mistake was erroneous. The Court emphasized that the power under section 254(2) is to rectify patent mistakes, not debatable points of law. Issue 2: Power of Tribunal to Recall Order The Court examined whether the Tribunal had the authority to recall its entire order and direct a rehearing under section 254(2). It clarified that the power to amend an order does not entail replacing the original order. Recalling the entire order would necessitate passing a fresh order, contrary to the legislative intent. The Court ruled that an order under section 254(2) merges with the original order and cannot exist independently. Recalling an order is not permissible under section 254(2) except in specific circumstances outlined in the rules. Additional Points Raised The Court dismissed the argument for an alternative remedy through seeking reference under section 256, stating that section 254(2) rectification does not lead to a new order eligible for reference. It also rejected the contention of injustice based on a previous case, emphasizing that the Tribunal's jurisdiction must align with the law. Consequently, the Court quashed the Tribunal's order recalling the original decision. Conclusion The Court allowed the writ application, quashed the impugned order, and directed the restoration and disposal of reference applications by the Tribunal in accordance with the law. The Court clarified that its observations in the writ application should not influence the disposal of the reference applications. The judgment was a unanimous decision by the Judges.
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