Swarup Vegetable Products Industries Ltd. (No. 2) vs Commissioner of Income Tax

B.P. Jeevan Reddy, C.J.—This Income Tax reference is preferred against the order of the Tribunal made on a petition for rectification filed by the assessee. Against the order of the Tribunal from which Income Tax Reference No. 71 of 1986 Swarup Vegetable Products Industries Ltd. (No. 1) Vs. Commissioner of Income Tax, arises, the assessee filed an application for rectification on the ground that the Tribunal has not noticed a particular decision of this court and, therefore, the decision suffers from a mistake apparent on the face of the record. That petition was dismissed by the Tribunal whereon the present Income Tax reference was obtained. The questions sought to be raised are three in number, which arc as follows :

"(a) Whether the decision of the Tribunal based on the case of Additional Commissioner of Income Tax, Gujarat Vs. Mukur Corporation, , and by ignoring the decision on the same issue of the jurisdictional High Court of Allahabad in the case of J.P. Srivastava and Sons (Kanpur) Ltd. Vs. Commissioner of Income Tax, was not a mistake of law rectifiable u/s 254(2) of the Income Tax Act, 1961 ?

(b) Whether the finding in the order u/s 254(2) that the said decision of the Allahabad High Court was considered by the Tribunal was not illegal and erroneous as it was contradictory to the observations made in the original appellate order dated 31st March, 1986, to the effect that the assessee has filed various judgments but these need not be looked into ?

(c) Whether the Tribunal was correct on facts and in law in not rectifying the mistake u/s 254(2) by ignoring the binding decision of the jurisdictional Allahabad High Court in the case of J.P. Srivastava and Sons (Kanpur) Ltd. Vs. Commissioner of Income Tax,

In view of our decision dated August 22, 1990, in Income Tax Reference No. 71 of 1986 Swarup Vegetable Products Industries Ltd. (No. 1) Vs. Commissioner of Income Tax, , we do not think that there was any error on the face of the record which warranted review of the Tribunal''s order.

The Income Tax reference is dismissed. No costs.