Income-tax Act,1961
Act No : 43
Section :
Orders of Appellate Tribunal.
254. Orders of Appellate Tribunal (1) The Appellate Tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. 1[(1A)* * * ] (2) The Appellate Tribunal may, at any time within four years from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub- section (1), and shall make such amendment if the mistake is brought to its notice by the assessee or the 2 [Assessing] Officer: Provided that an amendment which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this. sub-section unless the Appellate Tribunal has given notice to the assessee of its intention to do so and has allowed the assessee a reasonable opportunity of being heard. (3) The Appellate Tribunal shall send a copy of any orders passed under this section to the assessee and to the 3[4[* * *] Commissioner]. ---------------------------------------------------------------------- -> -> Finance Act, 1992, w.e.f. 1-6-1992. Earlier, 'two hundred rupees' were substituted for "one-hundred and twenty-five rupees, by the Finance Act, 1981, w.e.f. 1-6-1981 which were substituted for 'rupees one hundred' by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971. 1 Omitted by the Taxation Laws (Amendment) Act, 1972, w.e.f. 1-1- 1973. It was inserted by the Finance Act, 1964, w.e.f. 1-4-1964. Section 25(1) of the 1972 Amendment Act made the following savings provision: "25. Savings and special provision.-(I) Notwithstanding the omission of subsection (1A) of section 254 of the-Income-tax Act,, 1961 (43 of 1961), by section 3 of this Act, every requisition by an appellant for the making of a reference under that sub-section and every reference made under that sub-section before such omission shall be dealt with as if the said section has not been omitted, and, save as aforesaid, no such reference shall be made after such omission.' 2 Substituted for 'Income-tax' by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 3 Substituted for 'Commissioner' by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 4 The words 'Chief Commissioner or' omitted by the Finance (No. 2) Act, 1991, w.e.f. 27-9-1991. ----------------------------------------------------------------------- 1.726 (4)Save as provided in section 256, orders passed by the Appellate Tribunal on appeal shall be final.
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