2014 (4) TMI 282 - HC - Income Tax

Rectification of order u/s 254 of the Act - Mistake apparent from the record - Held that - The Tribunal has rightly observed that by filing an application u/s 254 of the Act the assesse virtually sought review of the order of the Tribunal dated 30th March 2007 which is not permissible - under the provision one can seek rectification of any mistake apparent from the record - assesse could not point out any mistake apparent from the record - The Tribunal has rightly dismissed the application thus, no substantial question of law is either involved or arise for consideration Decided against Assessee.

Summary

Issues:
1. Appeal against the order of the Income Tax Appellate Tribunal regarding rectification of a common order.
2. Opportunity for cross-examination of witness not provided.
3. Application for rectification under Section 254 of the Income Tax Act, 1961.

The judgment pertains to an income tax appeal under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal. The Tribunal dismissed a Miscellaneous Petition seeking rectification of a common order in two different cases. The Tribunal ruled that the petition was akin to a review, which falls outside the scope of rectification under Section 254 of the Act. The appellant's counsel argued that no opportunity was given for cross-examination of a witness, referring to observations by the CIT (Appeals) in a previous order. However, the Tribunal found that the appellant did not raise this issue during the original appeals and did not challenge the Tribunal's order on its merits. The Tribunal further noted that the application for rectification was essentially seeking a review, which is not permissible under Section 254. As no mistake apparent from the record was pointed out, the Tribunal rightly dismissed the application, leading to the dismissal of the appeal without any costs.

In analyzing the issues involved, it is evident that the crux of the matter revolves around the nature of the application filed under Section 254 of the Act. The Tribunal correctly observed that the application was more in the nature of a review rather than seeking rectification of a mistake apparent from the record. The appellant's contention regarding the lack of opportunity for cross-examination, although raised belatedly, did not hold ground as it was not brought up during the original appeals. Therefore, the Tribunal's decision to dismiss the application was legally sound, as no substantial question of law was found to be involved or arising from the appeal.

The judgment underscores the importance of procedural adherence and timely raising of issues during the course of legal proceedings. It highlights that applications under Section 254 of the Act are limited to rectifying mistakes apparent from the record and not for seeking a review of the Tribunal's order. The case serves as a reminder for parties to diligently present all relevant arguments and grievances at the appropriate stages of litigation to avoid procedural pitfalls and ensure a fair and effective judicial process.