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1 - 10 of 21 (0.46 seconds)Section 154 in The Income Tax Act, 1961 [Entire Act]
Section 260A in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income Tax (It)4 vs M/S. Reliance Telecom Ltd. on 3 December, 2021
4. In the present case, a detailed order was passed by the
ITAT when it passed an order on 6-9-2013, by which the
ITAT held in favour of the Revenue. Therefore, the said
order could not have been recalled by the Appellate
Tribunal in exercise of powers under Section 254(2) of the
Act. If the assessee was of the opinion that the order
passed by the ITAT was erroneous, either on facts or in
law, in that case, the only remedy available to the
Assessee was to prefer the appeal before the High Court,
which as such was already filed by the Assessee before the
High Court, which the Assessee withdrew after the order
passed by the ITAT dated 18-11-2016 recalling its earlier
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Page 13 of 28
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 06:25:47 pm )
TCA Nos.319 of 2016 and 538 of 2021
order dated 6-9-2013. Therefore, as such, the order
passed by the ITAT recalling its earlier order dated 6-9-
Assistant Commnr., Income Tax, Rajkot vs Saurashtra Kutch Stock Exchange Ltd on 15 September, 2008
A point which was not
examined on facts or in law cannot be dealt with as a
mistake apparent from the record. No error can be said to
be apparent on the face of the record if it is not manifest
or self evident and requires an examination or argument to
establish it. Where without any elaborate argument one
could point to the error and say here is a substantial point
of law which stares one in the face, and there could
reasonably be no two opinions entertained about it, is a
clear case of error apparent on the face of the record. Vide
Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008]
305 ITR 227 (SC), Honda Siel Power Products Ltd. v. CIT
[2007] 295 ITR 466 (SC), Hari Vishnu Kamath v. Syed
Ahmad Ishaque [1955] 1 SCR 1104, CIT v. Keshri Metal
(P.) Ltd. [1999] 237 ITR 165 (SC), Deva Metal Power (P.)
Honda Siel Power Products Ltd vs Commissioner Of Income Tax, Delhi on 26 November, 2007
A point which was not
examined on facts or in law cannot be dealt with as a
mistake apparent from the record. No error can be said to
be apparent on the face of the record if it is not manifest
or self evident and requires an examination or argument to
establish it. Where without any elaborate argument one
could point to the error and say here is a substantial point
of law which stares one in the face, and there could
reasonably be no two opinions entertained about it, is a
clear case of error apparent on the face of the record. Vide
Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008]
305 ITR 227 (SC), Honda Siel Power Products Ltd. v. CIT
[2007] 295 ITR 466 (SC), Hari Vishnu Kamath v. Syed
Ahmad Ishaque [1955] 1 SCR 1104, CIT v. Keshri Metal
(P.) Ltd. [1999] 237 ITR 165 (SC), Deva Metal Power (P.)
Hari Vishnu Kamath vs Syed Ahmad Ishaque And Others on 9 December, 1954
A point which was not
examined on facts or in law cannot be dealt with as a
mistake apparent from the record. No error can be said to
be apparent on the face of the record if it is not manifest
or self evident and requires an examination or argument to
establish it. Where without any elaborate argument one
could point to the error and say here is a substantial point
of law which stares one in the face, and there could
reasonably be no two opinions entertained about it, is a
clear case of error apparent on the face of the record. Vide
Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008]
305 ITR 227 (SC), Honda Siel Power Products Ltd. v. CIT
[2007] 295 ITR 466 (SC), Hari Vishnu Kamath v. Syed
Ahmad Ishaque [1955] 1 SCR 1104, CIT v. Keshri Metal
(P.) Ltd. [1999] 237 ITR 165 (SC), Deva Metal Power (P.)
Commissioner Of Income Tax, Jabalpur vs Keshri Metal Pvt. Ltd., Raipur on 18 March, 1999
A point which was not
examined on facts or in law cannot be dealt with as a
mistake apparent from the record. No error can be said to
be apparent on the face of the record if it is not manifest
or self evident and requires an examination or argument to
establish it. Where without any elaborate argument one
could point to the error and say here is a substantial point
of law which stares one in the face, and there could
reasonably be no two opinions entertained about it, is a
clear case of error apparent on the face of the record. Vide
Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008]
305 ITR 227 (SC), Honda Siel Power Products Ltd. v. CIT
[2007] 295 ITR 466 (SC), Hari Vishnu Kamath v. Syed
Ahmad Ishaque [1955] 1 SCR 1104, CIT v. Keshri Metal
(P.) Ltd. [1999] 237 ITR 165 (SC), Deva Metal Power (P.)
Sandvik Asia Ltd vs Commissioner Of Income Tax-I, Pune & Ors on 27 January, 2006
Ltd. v. CIT 2008 (2) SCC 439, CIT v. Hero Cycles (P.) Ltd.
The Commissioner Of Income Tax ... vs M/S Hero Cycles (P) Limited on 16 July, 2010
Ltd. v. CIT 2008 (2) SCC 439, CIT v. Hero Cycles (P.) Ltd.