Time-limit of four years provided for rectification of Tribunal's order is also applicable for recalling an ex-parte order of Tribunal

IT : Time-limit of four years provided for rectification of Tribunal's order is also applicable for recalling an ex-parte order of Tribunal
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[2014] 49 taxmann.com 397 (Mumbai - Trib.)
IN THE ITAT MUMBAI BENCH 'B'
Bharat Petroleum Corporation Ltd.
v.
Assistant Commissioner of Income-tax*
VIJAY PAL RAO, JUDICIAL MEMBER
AND RAJENDRA, ACCOUNTANT MEMBER
M.A. NO. 514 (MUM.) OF 2012
IT APPEAL NO. 4192 (MUM.) OF 2004
[ASSESSMENT YEAR 2000-01]
APRIL  10, 2013

Section 254 of the Income-tax Act, 1961 - Appellate Tribunal - Power of (Power of rectification) - Assessment year 2000-01 - Whether time-limit of four years to make rectification as provided in section 254(2) applies both to suo motu action of Tribunal as well as to action taken on request of party - Held, yes - Whether in absence of any provision for condonation of delay with respect to proceedings for setting aside/recalling or amendment of order of Tribunal, application filed beyond four years for recalling ex-parte order of Tribunal deserved to be dismissed as time-barred - Held, yes [Paras 8 & 8.1] [In favour of revenue]