Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (11) TMI 207 - AT - Income TaxRectification of mistake - computation of capital gain - Tribunal while passing the impugned order, did not consider the ITAT’s order in the case of the purchaser viz. , St. Antony’s Timber Depot, wherein the Tribunal confirmed the purchase price of the impugned property at ₹ 99. 90 lakh instead of 18. 30 lakh is disclosed in the sale deed dated 24. 04. 2007 - Held that:- The Tribunal, u/s 254(2) of the I. T. Act, does not have the power to review its own order. It has only power to rectify the mistake apparent on record. A power of review has to be statutorily conferred. It cannot be inferred. As this power has not been conferred on the Tribunal, under the Act, it does not have the power of review. As mentioned earlier, the power that has been given under section 254 is right of rectification of mistakes. As a power to rectify a mistake does not include a power to review, all that the Tribunal can do is to amend its order with a view to rectify any error apparent from the record. Unless there are manifest errors which are obvious, clear and self-evident, the Tribunal cannot recall its previous order in an attempt to rewrite it. Under the garb of rectification, the Tribunal cannot exercise the power of recall and review its earlier order. In the instant case, the Miscellaneous Petition of the Department is prima-facie seeking to review the order of the Tribunal dated 19. 12. 2017, which unfortunately the Tribunal does not have the power under the statute. The Hon’ble Delhi High Court in the case of CIT v. Vichitra Construction (P.) Ltd. [2004 (2) TMI 36 - DELHI HIGH COURT] had held the power u/s 254(2) is to correct any apparent mistake and not to recall its entire order and review the same. Miscellaneous Application filed by the Revenue is dismissed.
|