| Case ID |
e8c3d191-2065-453a-a6af-29aa3dccd726 |
| Body |
View case body. Login to View |
| Case Number |
Matter No. 233 of 1995 |
| Decision Date |
Feb 01, 1956 |
| Hearing Date |
|
| Decision |
The Tribunal held that it had the power to rectify its earlier order under Section 154 and Section 254(2) of the Income Tax Act, 1961. It clarified that the power of review is not inherent and must be expressly conferred by statute. The Tribunal found that it had not properly considered the effect of Rule 6DD(j) in its earlier decision, which led to the disallowance of payments made to new parties. The Tribunal's decision to recall its earlier order for fresh hearing was justified as it sought to correct a mistake apparent from the record, aligning with legal principles aimed at ensuring justice. |
| Summary |
This case revolves around the powers of the Income Tax Appellate Tribunal concerning the review and rectification of its orders. The Tribunal emphasized that it lacks inherent review powers and must act within the confines of statute law. The case highlights the importance of statutory provisions like Section 40A(3) of the Income Tax Act, which aims to curb tax evasion. The Tribunal's decision to allow reconsideration of disallowed payments to new parties was seen as a necessary correction. This case underscores the legal policy aim of justice and fair play, ensuring that parties are not prejudiced by technical errors in legal proceedings. The decision has implications for future cases involving rectification powers of tribunals and the interpretation of statutory provisions. |
| Court |
Calcutta High Court
|
| Entities Involved |
Not available
|
| Judges |
Bhagabati Prosad Banerjee,
Dibyendu Bhusan Dutta
|
| Lawyers |
Ram Chandra Prosad
|
| Petitioners |
Ballabh Prasad Agarwalla
|
| Respondents |
Commissioner of Income Tax
|
| Citations |
2000 SLD 87,
2000 PTD 1001,
(1998) 233 ITR 354
|
| Other Citations |
Kill Kotagiri Tea and Coffee Estates Co. Ltd. v. ITAT (1988) 174 ITR 579 (Ker.),
Laxmi Electronic Corporation Ltd. v. CIT (1991) 188 ITR 398 (All.),
Municipal Corporation of Delhi v. Gurnam Kaur AIR 1989 SC 38,
Neeta S. Shah v. CIT (1991) 191 ITR 77 (Kar.),
Punjab Land Development and Reclamation Corporation Ltd. v. Presiding Officer (1990) 77 FIR 17,
Shew Paper Exchange v. ITO (1974) 93 ITR 186 (Cal.),
Suman (H.C.) v. Rehabilitation Ministry Employees Cooperative House Building Society Ltd. AIR 1991 SC 2160
|
| Laws Involved |
Income Tax Act, 1961,
Indian Income Tax Rules, 1962
|
| Sections |
40A(3),
154,
254(2),
6DD(j)
|