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2018 (8) TMI 1477 - GUJARAT HIGH COURTPower of tribunal recalling an earlier order in exercise of powers for rectification u/s 254 - nature of additional income disclosed - assessee contended that the additional income also arose out of his agriculture operations - ITAT, by majority order, recalled the order - Held that:- Whatever be the correctness of these findings it cannot be stated that the Tribunal arrived at such findings without proper consideration of materials on record. Several issues were presented before the Tribunal and were examined before coming to such specific finding. The Tribunal could not have recalled the entire order under purported exercise of rectification powers. It is well settled through series of judgements of this Court and the Supreme Court that power of rectification are circumscribed with the condition that the same can be exercised for correcting error be of law or facts apparent on record. The jurisdiction to correct errors vested in the Tribunal is not akin to review powers. As noted, the Accountant Member, while showing inclination to exercise rectification powers, had not cited any reason in support of his opinion. Rectification order set aside - Decided in favor of assessee.
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