2014 (7) TMI 711 - AT - Income Tax

Power of Tribunal to review own order Held that - The Appellate Tribunal does not have any power to review its own orders under the provisions of the Act - The decision in NH. Securities Ltd. Versus Dy. Commissioner of Income Tax 1992 (11) TMI 32 - BOMBAY High Court followed - Failure of the Tribunal to consider an argument advanced by either party for arriving at a conclusion is not an error apparent on the record, although it may be an error of judgment - Tribunal cannot, in the exercise of its power of rectification, look into some other circumstances which would support or not support its conclusion Decided against Assessee.

Summary

Issues:
Review of Tribunal order based on circumstantial evidence, Power of Tribunal to rectify mistakes apparent from the record.

Issue 1: Review of Tribunal Order based on Circumstantial Evidence
The appellant filed a miscellaneous application against the Tribunal's order dated 3rd October 2007, seeking a review of the decision made in ITA no.3717/Mum./2004. The appellant repeatedly sought adjournments during the hearing process. The Departmental Representative highlighted that the Tribunal's order was detailed and all discussions were on record. The appellant's application aimed at having the Tribunal review its own order, which is impermissible under the law. The appellant referred to a specific case where similar facts were involved, arguing that circumstantial evidence was accepted for one ground but not for another. However, the Tribunal cited a decision by the Jurisdictional High Court which clarified that the Tribunal does not have the power to review its own orders. The Tribunal can only rectify mistakes apparent from the record, not errors of judgment or arguments that require further reasoning. Therefore, the Tribunal dismissed the appellant's miscellaneous application as it did not survive based on the legal principles outlined by the High Court.

Issue 2: Power of Tribunal to Rectify Mistakes Apparent from the Record
The Tribunal referred to the decision of the Jurisdictional High Court in CIT v/s Ramesh Electric and Trading Co., [1993] 203 ITR 497 (Bom.), which emphasized that the Appellate Tribunal can rectify any mistake apparent from the record under section 254(2) of the Income-tax Act, 1961. The Tribunal clarified that it does not possess the authority to review its own orders but can only rectify obvious and patent mistakes that are apparent from the record. Errors of judgment or arguments requiring further deliberation do not fall under the purview of rectification. The Tribunal cannot consider additional circumstances beyond what is on record to support or oppose its conclusion. Following the principles laid down by the High Court, the Tribunal held that the appellant's miscellaneous application did not stand, leading to the dismissal of the application.

In conclusion, the Tribunal's judgment addressed the issues of reviewing its own order based on circumstantial evidence and the scope of rectification of mistakes apparent from the record. The legal principles outlined by the Jurisdictional High Court guided the Tribunal in dismissing the appellant's application, emphasizing the limitations on the Tribunal's power to rectify orders and the impermissibility of reviewing its own decisions.