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2012 (12) TMI 810 - AT - Income TaxRectification of mistake - section 254 - order of tribunal - held that:- Tribunal has no jurisdiction to re-appreciate the contentions as well as evidence in the proceedings under section 254(2). It is a settled proposition of law that the scope of sec. 254(2) is very limited and circumscribed. A mistake apparent from record must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning which can be rectified u/s. 254(2). For exercising the jurisdiction u/s. 254(2), it is mandatory that a mistake should be wide apparent, manifest and patent and not a point which would involve serious circumstances of dispute of question of fact or law which requires investigation and verification of facts. Regarding rectification of mistake on account of disallowance of depreciation while calculating MAT (u/s 115JB) - held that:- in view of the settled proposition of law the Tribunal has no jurisdiction to re-appreciate the contentions as well as evidence in the proceedings under section 254(2). Once the finding has been given on merit than under the proceedings of 254 (2), the same cannot be reversed. - In favour of revenue
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