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2014 (10) TMI 577 - HC - Income TaxMaintainability of appeal - Miscellaneous application u/s 254(2) – Rectification of mistake apparent from record - Whether the order on the rectification application is traceable to section 254(1) of the I.T. Act or the same is passed under section 254(2) of the I.T. Act – Held that:- There is a fundamental error on the part of the revenue in submitting that the order under challenge is a consequential one and, therefore, appealable - once a party has challenged the order of the Tribunal on an application for rectification, the appeal u/s 260A of the I.T. Act is not maintainable as decided in Chem Amit Versus Assistant Commissioner of Income-Tax [2004 (11) TMI 24 - BOMBAY High Court] - the Tribunal has allowed the miscellaneous application dated 25th March, 2011 - That was an application by the assessee - The Tribunal has recalled its original order for a de novo consideration of the issue of depreciation and partially restored the appeal to its file - the appeal cannot be said to be challenging the order in appeal passed by the Tribunal –Decided against revenue.
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