Dismissing Assessee’s Writ, the High Court held that; The Tribunal’s original order does not suffer from an infirmities requiring any rectification under Section 254(2) of the Act as the original Tribunal’s order took note of judgement of Poddar Cements and the Tribunal also had before it reasoning of CIT(A) who had noticed all the judgements cited by the Assessee in the written note submitted to Tribunal and hence it cannot be said that the Tribunal overlooked material fact or law. (AY.2008-2009)
Ambience Developers & Infrastructures (P) Ltd. v. CIT (2018) 171 DTR 369/( 2019) 410 ITR 289/ 307 CTR 516 (Delhi)(HC) Ambience Hotels & Resorts v. CIT (2018) 171 DTR 369 (2019) 410 ITR 289 / 307 CTR 516 (Delhi)(HC)
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record–Transfer of income where there is no transfer of assets – Clubbing of income–Tribunal’s original order requires no rectification as it also considered reasoning of CIT(A) who took note of all the judgements relied by Assessee. [S. 60, 63]