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2017 (11) TMI 1013 - HC - CustomsJurisdiction - Whether the Custom, Excise and Service Tax Appellate Tribunal exceeded its jurisdiction in the recalling its earlier order dated 26.10.2005 by restoring to powers under Sub-section 2 of Section 129B of the Customs Act? - Held that: - The power of the Tribunal under Section 129B(2) of the Act is identical to the power under Section 254(2) of the Income Tax Act. Therefore, while exercising power under Section 129B(2) of the Act to rectify mistake apparent on the face of the record, would include within it the power to recall an order while exercising jurisdiction under Section 254(2) of the Income Tax Act or Section 129B(2) of the Act for rectification of mistake - identical issue decided in the case of ASSISTANT COMMISSIONER, INCOME TAX, RAJKOT Versus SAURASHTRA KUTCH STOCK EXCHANGE LTD [2008 (9) TMI 11 - SUPREME COURT ], where it was held that in exercise of power under Section 254(2) of the Income Tax Act, 1962 the Income Tax Tribunal has power to recall an order passed under Section 254(1) of the Income Tax Act while exercising power of rectification as provided under Section 254(2) of the Income Tax Act - appeal dismissed - decided against Revenue.
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