Case Law Details
Case Name : Lachman Dass Bhatia Hingwala (P) Ltd. Vs ACIT (Delhi High Court)
Related Assessment Year :
Courts :
All High Courts Delhi High Court
Can the Tribunal exercise its power of rectification under section 254(2) to recall its order in entirety?
Lachman Dass Bhatia Hingwala (P) Ltd. v. ACIT (2011) 330 ITR 243 (Delhi) [FB]
On this issue, the Delhi High Court observed that the justification of an order passed by the Tribunal recalling its own order is required to be tested on the basis of the law laid down by the Apex Court in Honda Siel Power Products Ltd. Vs. CIT (2007) 295 ITR 466, dealing with the Tribunal’s power under section 254(2) to recall its order where prejudice has resulted to a party due to an apparent omission, mis...
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