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TMI Blog2018 (8) TMI 1477X X X X Extracts X X X X X X X X Extracts X X X X ..... of rectification powers. It is well settled through series of judgements of this Court and the Supreme Court that power of rectification are circumscribed with the condition that the same can be exercised for correcting error be of law or facts apparent on record. The jurisdiction to correct errors vested in the Tribunal is not akin to review powers. As noted, the Accountant Member, while showing inclination to exercise rectification powers, had not cited any reason in support of his opinion. Rectification order set aside - Decided in favor of assessee. - R/SPECIAL CIVIL APPLICATION NO. 6337 of 2018 - - - Dated:- 20-8-2018 - MR. AKIL KURESHI AND MR. B.N. KARIA, JJ. For The Respondent : Mr Manish Bhatt For Ms Mauna M Bhatt (174) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al returns and the further returns. It was observed that there may arise a suspicion as to why the assessee did not disclose the agriculture income initially when such income was otherwise exempt from tax except for the purpose of deciding the slab. It was recorded that undisputably, no incriminating material was found or seized either during the course of search or post search inquiries with the aid of which the assessee's claim of the additional income having been derived from agriculture operations could be rejected. 3. The Revenue thereafter filed appeals against the decision of the Tribunal. Revenue's appeals are admitted by the High Court. Pending such appeals, the Revenue also applied to the Tribunal for rectification of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dependent reasons why he was persuaded to exercise rectification powers. 4. In view of difference of opinion between two members, the issue is referred to the third member, who sided with the view of the Accountant Member. Eventually, therefore, the third member's opinion prevailed and became the order of the Tribunal. 5. While issuing notice on 30.04.2018, we had recorded two legal contentions of the counsel for the petitioner and rejected them viz. mere pendency of the appeal in the High Court would preclude the Tribunal's power of rectification and secondly that, the very fact, that there was a difference of opinion between the two members, would, by itself, mean that the error sought to be rectified was not apparent on the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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