The Tribunal held that in a case involving a requisition u/s ...

Income Tax dept's attempt to reopen case via rectification rejected; limited powers to correct glaring mistakes only.

Case Laws     Income Tax

September 27, 2024

The Tribunal held that in a case involving a requisition u/s 132A of the Act, the jurisdiction to complete the assessment is governed by the provisions of Section 153A. The department's arguments for rectification u/s 254(2) were rejected as they did not point out any mistake apparent on record. The Tribunal observed that the department's contentions required lengthy deliberation and debate, which does not qualify as a mistake apparent from record for rectification. The Tribunal clarified that it has limited powers to rectify apparent and glaring mistakes, and cannot rehear the entire case on merits or revisit its earlier order based on arguments. The department's request for rehearing/review in the garb of rectification through long-drawn reasoning and arguments is neither permissible nor allowed under the Act. The Miscellaneous Application was rejected as the department failed to identify any mistake apparent from record warranting rectification u/s 254(2).

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