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TMI Blog2015 (3) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... take apparent from the record and amend any order passed by it under sub-section (1). Under the second part of section 254(2), the reference is to the amendment of the order passed by the Tribunal under sub-section (1) when the mistake is brought to its notice by the assessee or the Assessing Officer. Therefore, in short, the first part of section 254(2) refers to the suo motu exercise of the power of rectification by the Tribunal whereas the second part refers to rectification and amendment on an application being made by the Assessing Officer or the assessee pointing out the mistake apparent from the record. In this case, we are concerned with the second part of section 254(2). As stated above, the application for rectification was made w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red as 268/Mds/2003, but, however, the same was taken up by the Tribunal for hearing only in September, 2007, at which point of time, the Tribunal dismissed the same on the ground that more than four years having elapsed from the date of the order, the said order could not be rectified. In coming to the said conclusion, the Tribunal relied upon the judgment of this Court in the case of CIT Vs - Sri Ayyanar Spinning Weaving Mills (2008 216 ITR 355 (Mad)). Aggrieved by the said order, the appellant/Revenue is before this Court by filing the present appeal. 3. Heard Mr.Swaminathan, learned standing counsel appearing for the appellant/Department and Mr.Vijayaraghavan, learned counsel appearing for the respondent/assessee. 4. It is fair ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... two parts. Under the first part, the Appellate Tribunal may, at any time, within four years from the date of the order, rectify any mistake apparent from the record and amend any order passed by it under sub-section (1). Under the second part of section 254(2), the reference is to the amendment of the order passed by the Tribunal under sub-section (1) when the mistake is brought to its notice by the assessee or the Assessing Officer. Therefore, in short, the first part of section 254(2) refers to the suo motu exercise of the power of rectification by the Tribunal whereas the second part refers to rectification and amendment on an application being made by the Assessing Officer or the assessee pointing out the mistake apparent from the reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal, after the expiry of four years the Tribunal can reject the application on the ground of limitation. 11. We are in agreement with the view expressed by the Rajasthan High Court in the case of Harshvardhan Chemicals and Minerals Ltd. [2002] 256 ITR 767. 5. The facts in issue are identical to the facts of the above case. This Court is of the considered view that the abovesaid decision of the Supreme Court is squarely applicable to the facts of the present case. In view of the said decision, the substantial question of law is answered in favour of the Revenue and against the assessee. 6. In the result, the appeal is allowed by way of remand. The matter is remanded back to the Tribunal to reconsider the issue raised in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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