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2006 (11) TMI 96 - HC - Income TaxAppeal to Appellate tribunal Tribunal has finally decided the matter, which is against the assessee and it has no power to recall or rehear the matter relating to merits of case decided finally as per Section 254(2) of ITA,1961
Issues:
Challenge to orders of Income-tax Appellate Tribunal dated May 26, 2003, and March 31, 2004 under section 260A of the Income-tax Act, 1961. Analysis: The appellant challenged the orders dated May 26, 2003, and March 31, 2004, passed by the Income-tax Appellate Tribunal in relation to the assessment year 1991-92. The Assessing Officer added a sum as additional income based on documents recovered during a search of the assessee's premises. The Commissioner of Income-tax (Appeals) initially set aside the assessment order, leading to a reassessment where a sum was added to the assessee's income. Subsequently, the Commissioner of Income-tax (Appeals) held the addition was made wrongly and ordered for its deletion. The Income-tax Appellate Tribunal partly allowed the appeal by restricting the addition to a certain amount as income from undisclosed sources. The appellant filed a miscellaneous application under section 254(2) of the Income-tax Act, which was dismissed by the Tribunal, stating it cannot recall and rehear the appeal under this section. The power of the Tribunal under section 254(2) of the Act was discussed, citing a previous decision where it was clarified that the Tribunal can rectify any mistake apparent from the record but cannot recall its final order. The present appeal challenged the Tribunal's order mainly based on observations made in the order of rejection of the miscellaneous application. The High Court found that the Tribunal should not have made any observation relating to the merit of the case while exercising power under section 254(2) of the Income-tax Act. Ultimately, the Court concluded that no substantial question of law was involved as the Tribunal rejected the miscellaneous application as per the provision of law, leading to the dismissal of the appeal.
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