TMI Blog2002 (7) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income tax Act, 1961. The appellant is a public limited company duly incorporated under the provisions of the Companies Act, 1956. The relevant assessment year is 1990 91. On May 31, 1995, the Tribunal has decided the appeal in I. T. A. No. 1122/ JP of 1994. Thereafter, the miscellaneous application has been moved for rectification of the order under section 254(2) of the Income-tax Act, 196 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation on December 15, 1998, before the Tribunal, i.e., within four years, though the order has been passed on miscellaneous application on December 24, 1999. It is true that in the language the words used are that the Appellate Tribunal may at any time within four years from the date of the order rectify the mistake apparent from the record but that does not mean that if the application is moved w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ears that should be decided on the merits. As the application under section 254(2) has not been decided on the merits, we restore the matter back to the Tribunal with a direction to decide the application on the merits. The other questions which are raised need not be decided, as the matter has been restored back to the Tribunal to decide the grounds raised in the miscellaneous application under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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