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2007 (9) TMI 357 - HC - Income TaxPower of Appellate Tribunal- The scope of the proceedings under section 254(2) of the Income Tax Act, 1961, is limited and is narrower than proceedings for review. The power of rectification under section 254(2) of the Income Tax Act, 1961, does not apply. Held that- it was not disputed that on an application under section 254(2) of the Act having been filed, the Tribunal set aside its own order in its entirety for passing an order afresh. This was tantamount to reviewing the order and not rectifying it. Under these circumstances, the order of the Tribunal passed under the provisions of section 254(2) of the Act and the subsequent fresh order passed on April 23, 2004 could not be sustained.
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