Law:

Section:

Section 254 of the Income-tax Act, 1961 - Appellate Tribunal - Powers of - Whether mistake which can be rectified under section 254(2) is one which is patent and obvious and whose discovery is not dependent on an argument or elaboration - Held, yes - Tribunal disposed of assessee's appeal - Subsequently, assessee filed application under section 254(2) contending that it had taken a specific ground before Tribunal that firm had no application to its case because partnership had been dissolved prior to date when sub-section came (3A) of section 176 into effect - As per assessee since said ground had not been disposed of by Tribunal, there was mistake apparent from record warranting rectification - Tribunal accepted assessee's application and recalled its earlier order - On instant writ, it was seen that while disposing of assessee's appeal, Tribunal had dealt with said aspect and had recorded a finding that there was nothing on record to show that firm had been dissolved before section 176(3A) came into effect - Whether, having regard to aforesaid fact, it could be concluded that on assessee's appeal issue regarding applicability of section 176(3A) had been dealt with by Tribunal and there was no mistake apparent from record - Held, yes - Whether, therefore, Tribunal was not justified in recalling its earlier order - Held, yes FACTS The assessee's appeal was disposed of by the Tribunal. Being not satisfied with certain conclusions of the Tribunal, the assessee filed an application under section 256(1). Similarly the Commissioner filed an application. Subsequently, the assessee filed an application under section 254(2), on the ground that its specific ground regarding applicability of section 176(3A) had not been disposed of by the Tribunaland since that went to the root of the issue, there was a mistake apparent from the record warranting rectification by the Tribunal . The Tribunal accepted the prayer holding that, though in the opening paragraph of the Tribunal's order it was mentioned that ground Nos. 1 and 2 pertained to application of section 176(3A), yet in the entire order no decision was given by the Tribunal in that regard. The same was construed to be a…

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