Dismissing the petition the Court held that the Appellate Tribunal, in its own way, had discussed qua ground No. 3 issue relating to the addition made on account of suppression in the value of closing stock and had recorded a particular finding. If the assessee was dissatisfied, then it had to prefer an appeal under section 260A and if the court was convinced then it could remit the matter to the Tribunal for fresh consideration of ground No. 3. As regards the findings recorded by the Tribunal, so far as ground No. 3 was concerned, the assessee could seek appellate remedies. The power to rectify an order under section 254(2) is limited. Referred Master Construction co. (P) Ltd. v. State of Orissa (1966) 17 STC 360 (SC) and Satyanarayan laxminarayan Hegde v. Mallikarjun Bhavanappa Tirumale (1960) AIR 1960 SC 137.
Vrundavan Ginning and Oil Mill v. Assistant Registrar (2021) 434 ITR 583/ 205 DTR 46 / 323 CTR 1067/ ( 2020) 284 Taxman 410 (Guj.)(HC)
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Jurisdiction limited to correcting error apparent on face of record-Tribunal cannot review its earlier order or rectify error of law or reappreciate facts. [S. 253, 254(1), 260A]
kindly send the full judgement -Vrundavan Ginning and Oil Mill v. Assistant Registrar (2021) 434 ITR 583 (Guj.)(HC)