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2009 (11) TMI 15 - HC - Income TaxBusiness loss - business of potatoes - sale by one purchase by another - bogus in one hand and genuine in another hand - rectification of mistake under section 254(2) - held that - , it is clear that in respect of all the three points, the Tribunal has considered and discussed all the contentions raised and argued by both the parties and ultimately recorded a finding - The order of the Tribunal may be an erroneous order with which we are not expressing any opinion, which can only be rectified or modified or set aside in the procedure known to law, but not in a petition under section 254(2) - we are of the view that the Tribunal fell in error in invoking the jurisdiction of Section 254(2) of the Act to re-write the judgment while reviewing the issue already decided, which bears no apparent mistake on the face of the record so as to invoke the jurisdiction. Hence, the writ petition is allowed and the rule is made absolute.
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