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TMI Blog2013 (2) TMI 401X X X X Extracts X X X X X X X X Extracts X X X X ..... er of review vested with it. Further, an application u/s 254(2) had already been rejected on earlier occasion on 30.9.1999. In such a situation, the order impugned herein dated 13.3.2000 cannot be legally sustained and, is, thus, set aside. In favour of assessee - ITA No.381 of 2005 - - - Dated:- 23-7-2012 - MR. AJAY KUMAR MITTAL AND MR. GURMEET SINGH SANDHAWALIA JJ. Present:- Mr. Yogesh Putney, Advocate for the appellant. Mr. Sapan Dhir, Advocate for the respondent. Ajay Kumar Mittal, J. 1. The revenue has preferred this appeal under section 260A of the Income Tax Act, 1961 (in short, the Act ) against the order dated 13.3.2000, Annexure A.7 passed by the Income Tax Appellate Tribunal, Delhi Bench 'D' Delhi (for brevity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Rs. 3,23,29,399/- was made on account of interest shown as due to the financial institutions as on 31.3.1995. This amount of interest had been debited to profit and loss account and also shown as liability in the balance sheet but not paid during the previous year and even upto the date of filing of the return. Additional tax under section 143(1A) of the Act amounting to Rs. 29,74,305/- was duly charged. Application under Section 154 of the Act was filed on 4.11.1996 to rectify the intimation to delete the addition of Rs.3,23,29,399/- made on account of interest payable and also for deleting the additional tax amounting to Rs. 29,74,305/-. It was pleaded that the assessee had borrowed term loan from leading bank IDBI and its other part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss any arguments on Questions No.2 and 3 as the Tribunal had not decided these issues on merits vide the impugned order dated 13.3.2000. However, learned counsel for the revenue with regard to Question No.1 submitted that the Tribunal had dismissed the appeal of the assessee vide order dated 14.8.1998, Annexure A-5, rejecting the contentions on merit. The assessee had filed an application for rectification, disputing the disallowance of Rs. 3,23,29,399/- under section 43B of the Act and charging of additional tax of Rs. 29,74,305/- under section 143(1A) of the Act. The said misc. application was also dismissed by the Tribunal on 30.9.1999. Yet again, the assessee moved another application under section 254(2) of the Act seeking rectificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erved as under:- 4 It is well settled that the power to review is not an inherent power. It must be conferred by law either specifically or by necessary implication . 12. The above view has been reiterated in Kapra Mazdoor Ekta Union v. Birla Cotton Spinning and Weaving Mills Limited, (2005) 13 SCC 777. 13. There is no express power of review conferred on the Tribunal. Even otherwise, scope of review does not extend to rehearing of a case on merits. (Tuleshwar Sharma v. Aibam Pishak Sharma, (1979) 4 SCC 389, Meera Bhanja v. Nirmala Kumari Chaudhary, (1995) 1 SCC 170). Finality of order of Tribunal cannot be disturbed by a different bench beyond the statutory power available to it. The Tribunal has referred to principle of inherent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nless such power is expressly conferred on it. In the present case, the Tribunal has sought to review its earlier order dated 14.8.1998 without there being any specific power of review vested with it. Further, an application under Section 254(2) of the Act had already been rejected on earlier occasion on 30.9.1999. In such a situation, the order impugned herein dated 13.3.2000 cannot be legally sustained and, is, thus, set aside. The appeal stands decided accordingly. 9. Before parting, it may be noticed that vide order dated 13.3.2000, the Tribunal had also adjudicated RA No.593/Del/98 filed by the assessee against its order dated 14.8.1998 arising in ITA No.5302/Del/97 claiming three substantial questions of law for opinion of this Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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