9911796707
TMI Blog2007 (12) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... yond 4 years from the date of the original order, the question of entertaining a petition for rectification beyond 4 years will not arise at all – Tribunal rectification order in favour of revenue is set aside – assessee’s appeal allowed - 484 of 2003 - - - Dated:- 4-12-2007 - K. L. MANJUNATH and ARALI NAGARAJ JJ. JUDGMENT The judgment of the court was delivered by K. L. MANJUNATH J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pril 6, 1998. There after the Revenue obtained permission from the Commissioner of Income-tax (Central), Bangalore, on September 19, 2002, to file a miscellaneous petition under section 254(2) of the Income-tax Act. Accordingly, a miscellaneous petition was filed, which petition has been allowed on July 31, 2003 thereby the order passed by the Tribunal earlier on April 6, 1998, was set aside and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1), and shall make such amendment if the mistake is brought to its notice by the assessee or the Assessing Officer Provided that an amendment which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le a miscellaneous petition on August 20, 2002, and thereafter a miscellaneous petition under section 254 of the Income-tax Act has been filed for rectification. As a matter of fact as on the date of filing the application by the Revenue for rectification of the order, as it is barred by time and the Tribunal should have rejected the application only on the ground that the application was barred b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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