TMI Blog2016 (11) TMI 162X X X X Extracts X X X X X X X X Extracts X X X X ..... he error committed by it. We, therefore, set aside the impugned order passed by the Tribunal and remit the matter back to the Tribunal to hear the Miscellaneous Application afresh and decide the same on its own merits and in accordance with law. Accordingly, this appeal is allowed. The question posed for our consideration is answered in favour of the assessee and against the revenue. - Tax Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon the part of Ground No.2 challenging additions made by the respondent and secondly it rejected the Miscellaneous Application filed by the appellant pointing out this mistake apparent from the record? 3. Mr.B.S.Soparkar, learned advocate for the appellant submitted that the Tribunal has committed an error in holding that it has no power to review its own order. In support of his submissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ends before justice. Entire concept of writ jurisdiction exercised by the higher courts is founded on equity and fairness. If the Court finds that the order was passed under a mistake and it would not have exercised the jurisdiction but for the erroneous assumption which in fact did not exist and its perpetration shall result in miscarriage of justice then it cannot on any principle be precluded f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur opinion, in the circumstances, the Tribunal has not committed any error of law or of jurisdiction in exercising power under sub-section (2) of Section 254 of the Act and in rectifying mistake apparent from the record . Since no error was committed by the Tribunal in rectifying the mistake, the High Court was not wrong in confirming the said order. Both the orders, therefore, in our opinion, ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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