|The Tax Publishers2021 TaxPub(DT) 0715 (Bang-Trib)
INCOME TAX ACT, 1961
Tribunal has no power to review its own order on merits. Only prima facie mistake apparent from record can be rectified under section 254(2).
Appeal (Tribunal) - Rectification under section 254(2) - Review of order under the garb of rectification -
Revenue filed miscellaneous application submitting that there was a mistake apparent from record in the order passed by Tribunal allowing deduction @ 200% under section 35(2AB). Held: It is a well-settled proposition of law that the Tribunal is empowered to rectify the mistakes apparent from record under the powers granted to it under section 254(2). Tribunal cannot review its order under the garb of rectification. In the instant case, the petition filed by the revenue would make the Tribunal to review its order, which is not permitted under section 254(2). Accordingly, there was no merit in the petition filed by revenue.
FAVOUR : In favour of assessee.
A.Y. : 2013-14
IN THE ITAT, BANGALORE BENCH
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