Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2018 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (6) TMI 1715 - HC - Income TaxRectification Application u/s 254(2) - provisions of Section 11(1) Explanation2 of the Act would warrant its appeal being allowed was not considered and its appeal was dismissed - HELD THAT:- We find that the issue is no longer res judicata as it stands concluded by the decision of this Court in Safari Mercantile [2016 (6) TMI 1313 - BOMBAY HIGH COURT] and Gyan Constructions [2015 (1) TMI 1427 - BOMBAY HIGH COURT] that while dealing with the application for rectification, the Tribunal where it finds there is an error apparent on record, then it should recall the original order and place the Appeal for consideration of the issue on merits before the Regular Court. It is not appropriate to dispose of the controversy on merits of the submission while disposing of the Rectification Application. The impugned order dated 16th January, 2018 is quashed and set aside. The Rectification Application filed by the petitioner is restored to the Tribunal for fresh disposal.
|