J N SAHANI Vs. INCOME TAX APPELLATE TRIBUNAL

JUDGEMENT

(1.) WHETHER the Income tax Appellate Tribunal (in short 'ITAT') is empowered to recall its order passed on merit in purported exercise of its jurisdiction under S. 254(2) of the IT Act is the question involved in this writ petition ?

(2.) TWO appeals came up for consideration before the Tribunal at the instance of the petitioner herein in relation to two orders of assessment for asst. yrs. 1973 74 and 1974 75, which were allowed. The petitioner as also the Department filed two miscellaneous applications. Before the learned Tribunal the parties purported to have brought to its notice the alleged mistake committed by them. It was held :

(3.) MR . R.D. Jolly, learned counsel appearing on behalf of the Revenue, would submit that this writ petition at the instance of the petitioner is not maintainable. He has also filed an application for rectification of the purported mistake committed by the Tribunal in passing the said order dt. 29th June, 1979. The learned counsel would contend that although the jurisdiction of the Tribunal under S. 254 is limited, it cannot be said that it has no power to recall its order in any circumstances whatsoever. Strong reliance in this connection has been placed on the Division Bench decision of the Rajasthan High Court in CIT vs. Ramesh Chand Modi (2000) 163 CTR (Raj) 424.