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2014 (1) TMI 901 - AT - Income TaxRecall of order u/s 254(2) of the Act – Mistake apparent on the record – Held that:- Statutory authority cannot exercise power of review unless such power is expressly conferred - There is no express power of review conferred on the Tribunal - the scope of review does not extend to re-hearing of the case on merit as decided in CIT vs. Pearl Woollen Mills [2009 (11) TMI 48 - PUNJAB AND HARYANA HIGH COURT] - An order u/s 254(2) does not have existence de hors the order under s. 254(1) - Recalling of the order is not permissible under s. 254(2) - Recalling of an order automatically necessitates rehearing and re-adjudication of the entire subject-matter of appeal - The dispute no longer remains restricted to any mistake sought to be rectified - Power to recall an order is prescribed in terms of Rule 24 of the ITAT Rules, 1963, and that too only in case where the assessee shows that it had a reasonable cause for being absent at a time when the appeal was taken up and was decided ex-parte - Judged in the above background the order passed by the Tribunal is indefensible. Relying upon CIT vs. Steal Cast Corporation [1975 (12) TMI 43 - GUJARAT High Court] - in the order of appellate authority, the ground might not have been dealt with that point and thereby it means that it was impliedly rejected - It is not necessary for the Tribunal to state in its judgement specifically or in express words that it has taken into account the cumulative effect of the circumstances or has considered the totality of the facts, as if that were a magic formula - if the judgement of the Tribunal shows that it has done so, there is no reason to interfere with the decision of the Tribunal – Decided against Assessee.
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