COURT: | Bombay High Court |
CORAM: | A. K. Menon J., S. C. Dharmadhikari J |
SECTION(S): | 254(2), 260A |
GENRE: | Domestic Tax |
CATCH WORDS: | apparant mistake, maintainability of appeal, Miscellaneous Application, rectification of mistake |
COUNSEL: | Dr. K. Shivram |
DATE: | April 8, 2015 (Date of pronouncement) |
DATE: | April 24, 2015 (Date of publication) |
AY: | 2007-08 |
FILE: | Click here to view full post with file download link |
CITATION: | |
S. 254(2)/ 260A: Pendency of an appeal filed in the High Court u/s 260A is no bar to the maintainability of a MA filed u/s 254(2) |
Merely because the assessee has challenged the order of the Tribunal in an Appeal under section 260A of the Income Tax Act, 1961 before the High Court does not mean that the power under section (2) of section 254 cannot be invoked either by the assessee or by the revenue/Assessing Officer. Such a power enables the Tribunal to rectify any mistake apparent from the record and make amendments. That in a given case would not only save precious judicial time of the Tribunal but even of the higher Court
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