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2014 (12) TMI 184 - HC - Income TaxRejection of rectification application by Tribunal –Deduction u/s80HHC and 80IB urged by assessee not considered by Tribunal - Held that:- A mistake has occurred in the order dated 14th May, 2010, though, the application for rectification is rejected on the ground that such an application is not maintainable u/s 254(2) as decided in Orissa High Court in CIT v/s. President-ITAT [1992 (1) TMI 88 - ORISSA High Court] - every authority exercising quasi-judicial powers has inherent/ incidental power in discharging of its functions to ensure that justice is done between parties i.e. no prejudice is caused to any of the parties - This power has not to be traced to any provision of the Act but inheres in every quasi-judicial authority – the same has been held in Grindlays Bank Ltd. v/s. Central Government Industrial Tribunal [1980 (12) TMI 181 - SUPREME COURT] - no party should be prejudiced on account of any mistake in the order of the Tribunal - The Tribunal and the parties are not adversarial to each other - In fact, the Tribunal and the parties normally represented by Advocates/Chartered Accountants are comrades in arms to achieve justice - Therefore, a mistake from any source be it-the parties or the Tribunal so long as it becomes a part of the record, would require examination by the Tribunal u/s 254(2) – it cannot be dismissed at the threshold – thus, the order is set aside and the Tribunal is directed to pass the appropriate order – Decided in favour of assessee.
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