9911796707
TMI Blog2011 (7) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... wer for rectification, the Tribunal cannot exercise substantive power of review, in the present case, such a question does not arise. - 1391 of 2010 - - - Dated:- 4-7-2011 - MR.JUSTICE AKIL KURESHI, MS JUSTICE SONIA GOKANI, JJ. MR MANISH R BHATT Sr Advocate with Ms MAUNA M BHATT for Appellant ORAL ORDER (Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Revenue is in Appeal against the judgment of the Tribunal dated 30th November 2009, raising following question for our consideration :- Whether the Appellate Tribunal is right in law and on facts in assuming jurisdiction u/s. 254 (2) of the Act and thereby reviewing the earlier order passed on merits ? Appeal arises in the following factual background :- For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only for the assessee and it was mutually agreed that no rent will be charged and the subsidiary company was doing the work only for the assessee. The Tribunal, however, in the concluding portion of its judgment, set-aside the order of the CIT [A], making the following observations :- We find that the assessee is a subsidiary company and using this building for their business only and there are doing stitching work on job-work basis for the assessee but actually the building is not used for the business of the assessee . Accordingly, the depreciation is rightly allowed by the Assessing Officer and we reverse the order of CIT [A] of this issue. This common issue of the Revenue's Appeals is allowed. Since the assessee was of the op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercising power for rectification, the Tribunal cannot exercise substantive power of review, in the present case, such a question does not arise. Primarily, we find that in the first round, the Tribunal in its judgment dated 27th February 2009 committed a factual error in approaching the issue as if the assessee before the Tribunal was a subsidiary company. When pointed out by the assessee that it is a factual error, the Tribunal corrected itself; allowed the rectification application, and passed consequential order changing the previous order. We find that the Tribunal has exercised power of review and it had only corrected an error which was apparent on the face of the record. Tax Appeal stands dismissed. - - TaxTMI - TMITax - Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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