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2010 (2) TMI 261 - BOMBAY HIGH COURTPowers to Tribunal- whether in the circumstances of the case, the impugned order falls within the parameters of the jurisdiction under section 254(2) of the Act ? The Tribunal by its impugned order, allowed the application and recalled its earlier decision dated August 31, 2006. While allowing the appeal filed by the assessee, the Tribunal set aside the revisional order passed by the Commissioner of Income-tax under section 263. The Revenue submitted that in the present case, the exercise of jurisdiction by the Tribunal cannot be relatable to the power conferred by section 254(2). Held that- Whether the Tribunal was on the merits correct or otherwise in dismissing the appeal, is not a matter which falls for determination in this proceeding. If the assessee is aggrieved by the merits of the determination by the Tribunal while dismissing the appeal, it is at liberty to pursue its remedy in accordance with law. Appeal is allowed. The question answer in favour of revenue and against the assessee.
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