Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2011 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (7) TMI 585 - AT - Income TaxPetition for review of order - denial of approval u/s 80G(5) - assessee contended that Tribunal is bound to decide the fundamental issue in the light of the Supreme Court decisions cited - Omission to follow the Supreme Court decisions is a mistake apparent from the record and if the same is not treated as a mistake, it would amount to contempt of court - Held that:- There is no express power of review conferred on this Tribunal. Recalling the entire order obviously would mean passing of a fresh order. That does not appear to be the legislative intent. Further, Tribunal, after taking note of the case-law relied upon by the assessee, gave reasoning why it was not relevant to consider the same. The averment of the assessee is that the decision of the Apex Court has not been applied by the Tribunal while coming to the conclusion in Tribunal order, is not a mistake apparent on record falling within the scope of section 254(2). Tribunal considered the entire facts and circumstances of the case and decided the issue. Being so, now we cannot review the same on the basis of fresh arguments advanced by assessee - Petition dismissed.
|