Allowing the appeal of the revenue the Court held that ; it was not a simple case of allowing the application under S.254(2) for the reason that such an application was already rejected by the Tribunal. The Tribunal had exercised a power of recall on a second application moved by the assessee under S.254(2) by recalling not only the order passed on the assessee’s application under S.254(2) but had also taken a different view from that taken in its earlier judgment without pointing out any mistake. This was not permissible at all and, therefore, the order dated December 5, 2008 was patently erroneous and not sustainable. ( AY. 2000-01)