The assessee filed a miscellaneous application to have the order reversed and referred to the special bench. The miscellaneous application was disposed by the Tribunal holding that its powers are restricted to rectifying only such errors as are glaring and which are inherently incapable of the two views being taken in respect of the same and an error of judgement cannot be subjected to rectification u/s 254(2) of the Act. What the assessee seeks by way of the miscellaneous application is the review of the Hon’ble Tribunal’s order which is beyond the powers of the Hon’ble Tribunal. Accordingly, the assessee’s miscellaneous application was dismissed. (AY. 2009-10)
Sale Mohammed Padamsee & CO. v. PCIT, (2021) 213 TTJ 895 / 206 DTR 102 (Mum.)(Trib.)
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-The Tribunal has consciously adjudicated a case instead of referring it to a special bench as desired by the assessee, it is not open to him to try achieving the same under the garb of 254(2) proceedings-Miscellaneous application is rejected.