TMI Blog2017 (11) TMI 1013X X X X Extracts X X X X X X X X Extracts X X X X ..... toms Act? - Held that: - The power of the Tribunal under Section 129B(2) of the Act is identical to the power under Section 254(2) of the Income Tax Act. Therefore, while exercising power under Section 129B(2) of the Act to rectify mistake apparent on the face of the record, would include within it the power to recall an order while exercising jurisdiction under Section 254(2) of the Income Tax Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Respondent No.1, M.M. Agnihotri, Advocate ORDER This appeal under Section 130 of the Customs Act, 1962 (Act) challenges the order dated 20th November, 2007 passed by the Customs Excise and Service Tax Appellate Tribunal (Tribunal). 2. This appeal was admitted on 15th October, 2008 on the following substantial question of law:- Whether the Custom, Excise and Service Tax Appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1962 the Income Tax Tribunal has power to recall an order passed under Section 254(1) of the Income Tax Act while exercising power of rectification as provided under Section 254(2) of the Income Tax Act. The power of the Tribunal under Section 129B(2) of the Act is identical to the power under Section 254(2) of the Income Tax Act. Therefore, while exercising power under Section 129B(2) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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