M/S.chem Amit v. Dated : 23Rd November 2004

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORIGINAL SIDE INCOME TAX APPEAL NO. 702 OF 2003 M/s.Chem Amitvs.The Asst. Commissioner of Income-Tax,Circle 7(1), MumbaiMr.K.Gopal for the appellant. CORAM: R. M. LODHA &J.P.DEVADHAR,JJ. DATED: 23rd November 2004 ORALORDER (Per R.M. Lodha,J.). Appellant Respondent Heard Mr.K. Gopal, the learned counsel for theassessee.2. The assessee has preferred this appeal under Section260A of the Income Tax Act 1961 aggrieved by the orderdated 24th April 2003 passed by the Income Tax AppellateTribunal, "H" Bench, Mumbai on the application underSection 254(2) seeking rectification of mistake in theorder of the Tribunal dated 24th October 2002.3. Section 260A of the Income Tax Act provides forappeal to the High Court and the said provision readsthus:"260A. (1) An appeal shall lie to the HighCourt from every order passed in appeal by theAppellate Tribunal, if the High Court is satisfied that the case involves a substantialquestion of law. (2) The Chief Commissioner or the Commissioneror an assessee aggrieved by any order passed bythe Appellate Tribunal may file an appeal tothe High Court and such appeal under thissub-section shall be -(a) filed within one hundred andtwenty days from the date on whichthe order appealed against isreceived by the assessee or the ChiefCommissioner or Commissioner; (b) ... (c) in the form of a memorandum ofappeal precisely stating therein thesubstantial question of law involved. (6) The High Court may determine any issuewhich - (a) has not been determined by theAppellate Tribunal; or (b) has been wrongly determined the Appellate Tribunal, by reason a decision on such question of law as byof is referred to in sub-section (1). application for rectification is an order passed in appeal by the Appellate Tribunal. application of rectification, the appeal under section 260A is not maintainable. 8. The appeal is dismissed accordingly. (R.M. LODHA,J.) (J.P. DEVADHAR,J.)