Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Income Tax Act 1961-ss. 254(2) and 154 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Income Tax Act, 1961 - ss. 254(2) and 154 - Rectification by tribunal, of its own mistake apparent from record - Scope of - Tribunal overlooking judgment of coordinate bench on the issue and rejecting the claim of asses see - On rectification application, tribunal exercising its power u/s. 254(2) and rectifying its earlier order - Held: Tribunal was justified - When prejudice results from an order attributable to Tribunal's mistake, error or omission apparent from record, then it is the duty of Tribunal to set it right - Atonement to wronged party by Tribunal for wrong committed by it does not amount to review of its earlier order - 'Rule of precedent' not obliterated by s. 254(2) - Precedents.The appellant-assessee, a manufacturer of generators in technical collaboration with a foreign Company, claimed enhanced depreciation under section 43A of the Income Tax Act, 1961. In appeal by the Revenue, the Tribunal rejected the assessee's claim for enhanced depreciation without considering the judgment of the coordinate bench of the Tribunal cited and relied upon by the assessee. The assessee filed rectification application under section 254(2) for rectification of mistake apparent from the order of the Tribunal. The Tribunal allowed the rectification application. The High Court set aside the order of Tribunal holding that the Tribunal had, in fact, reviewed its earlier order which fell outside the scope of s. 254(2) of the Act. Hence, the present appeal. |
Judge | Honble Mr. Justice S.H. Kapadia |
Neutral Citation | 2007 INSC 1187 |
Petitioner | Honda Siel Power Products Ltd. |
Respondent | Commissioner Of Income Tax, Delhi |
SCR | [2007] 12 S.C.R. 552 |
Judgement Date | 2007-11-26 |
Case Number | 5412 |
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