2018 (10) TMI 939 - SCH - Income Tax

Power of ITAT to recall and re-hear the case by way of rectification order u/s 254(2) - Misc. application filed by assessee - Applications were heard on 13th May, 2016, but the Tribunal pronounced the order on these Miscellaneous Applications after six months and more on 18th November, 2016, accepting the error pointed out by the assessee - The result is that the initial order dated 6th September, 2013, is recalled and set aside and all appeals which were decided by the said order would have to be re-heard and re-decided. This petition of the Revenue seeks to challenge such an order - Held that - The Special Leave Petition is dismissed on the ground of low tax effect, leaving the question of law open. Pending applications, if any, stand disposed of.

Summary

The Supreme Court dismissed the Special Leave Petition due to low tax effect, with the question of law left open. Pending applications were disposed of.