|The Tax Publishers2020 TaxPub(DT) 5207 (Sur-Trib)
INCOME TAX ACT, 1961
Where the order was passed by Tribunal considering the facts of the cases and the evidence furnished by the assessee, there was no merit to interfere with the said order passed by Tribunal by invoking the provision of section 254(2).
Appeal (Tribunal) - Rectification under section 254(2) - No perversity in order of Tribunal -
Assessee filed miscellaneous application submitting that order passed by the Tribunal was erroneous and liable to be re-called in denying exemption under section 80-IB as Tribunal proceeded on factually incorrect presumption that Audit Report / Form 10CCB was unsigned and unaudited or there was no other evidence to corroborate the manufacturing activities of the assessee commenced. Held: In the cases in hand order was passed by predecessor considering the facts of the cases and the evidence furnished by the assessee. Thus, there was no merit to interfere with the order passed by Tribunal by invoking the provision of section 254(2).
FAVOUR : Against the assessee
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