H.B. Leasing And Finance Co. Ltd. vs Cit
2007 Latest Caselaw 504 Del

ORDER

1. The appellant is aggrieved by an order dated 9-6-2006 passed by the Income Tax Appellate Tribunal, Delhi Bench 'E' in MA No. 375 (Del.)/05 in ITA No. 3473 (Del.)/98 relevant for the assessment year 1994-95 and MA No. 376 (Del.)/05 in ITA No. 2621 (Del.)/2000 relevant for the assessment year 1996-97.

2. The Tribunal had, on the merits of the case, passed an order dated 14-6-2004 deciding the appeal against the assessed.

3. Feeling aggrieved, the assessed preferred an appeal in this Court under Section 260A of the Income Tax Act, 1961, which came to be dismissed on 25-10-2004.

4. Against the decision of this Court, the assessed preferred an appeal, which has been registered in the Supreme Court as Civil Appeal No. 5841 / 2005.

5. It appears that after the decision of this Court on 25-10-2004, theassessed preferred a miscellaneous application under Section 254(2) of the Act before the Tribunal on 30-3-2005 in which it was mentioned that there were certain errors in the order dated 14-6-2004 and that those errorsneed rectification.

6. The rectification application filed by the assessed was argued and dismissed by the Tribunal by the impugned order dated 9-6-2006. The Tribunal was of the view that there were no errors apparent from the record and that rectification was not possible without re-hearing and re-adjudicating the entire subject-matter of the appeal. In other words, the contents of the application went well beyond the powers conferred on the Tribunal under Section 254(2) of the Act.

7. We are of the opinion that on these facts, no substantial question of law arises for our consideration. Moreover, it is seen that the rectification application was filed by the assessed after the decision taken by this Court dismissing the appeal of the assessed under Section 260A of the Act.

8. The appeal is dismissed.