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TMI Blog1996 (7) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... at is as to whether in the absence of any statutory provision under the IT Act, 1961 (for short the Act ), the Tribunal has any power, authority or jurisdiction to review and recall its order passed under s. 256(1) of the Act? It appears that by the impugned, order dt. 22nd Dec., 1993 (Annexure 5 ), the Tribunal recalled its earlier order dt. 8th Sept., 1993, which was passed under s. 256(1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y power, authority and jurisdiction to recall its earlier order and, consequently, the impugned order passed by the Tribunal is well within its jurisdiction and is not liable to be interfered with by this Court. 4. Heard learned counsel for the parties. A bare perusal of s. 254 of the Act reveals that sub-s. (1) of s. 254 confers ample powers on the Tribunal to pass such orders in any appeal fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcised by the Tribunal to recall any order passed by it under s. 256 of the Act. 5. For ready reference the provisions of s. 254(1) and (2) of the Act are quoted below: 254. Orders of Appellate Tribunal.'(1) The Tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. (2) The Tribunal may, at any time withi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1) 93 CTR (Raj) 121 : (1992) 195 ITR 311 (Raj) : TC 56R.520, CWT vs. R.S. Seth Ghisalal Modi Family Trust (1987) 61 CTR (MP) 102 : (1988) 169 ITR 530 (MP), CWT vs. Devi Chand Sawhney (1991) 187 ITR (St.) 43, CIT vs. K.L. Bhatia (1990) 84 CTR (Del) 152 : (1990) 182 ITR 361 (Del) : TC 54R.172 and Patel Narshi Thakershi vs. Pradyumansinghji Arjunsinghji AIR 1970 SC 1273, it is ruled that the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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