Income-tax---

----Reference---Rectification---Mistake apparent from record---Jurisdiction of Tribunal under 5.254(2) of Income Tax Act---Tribunal entertaining rectification application-- Whether Tribunal was correct in doing so-- Question of law arises---Indian Income Tax Act, 1961, Ss.254(2) & 256.

Whether the Tribunal was correct in law in entertaining the rectification application on the ground that there was a mistake apparent from record in its earlier order irrespective of its being a review application and the Tribunal had exceeded its jurisdiction within the meaning of section 254(2) of the Income Tax Act, 1961, was a question of law to be referred.

JUDGMENT

This is a an application under section 256(2) of the Income Tax Act, 1961, filed by the Revenue requiring us to direct the Income-tax Appellate Tribunal to refer the following question to this Court for its opinion:

"Whether the Tribunal was correct in law in entertaining the rectification application on the ground that there was a mistake apparent from record in their earlier order, dated January 22, 1993, irrespective of the fact that it was a review application and the Tribunal has exceeded its jurisdiction within the meaning of section 254(2) of the Income Tax Act, 1961?"

Inasmuch as the abovementioned question is a question of law in our opinion, we direct the Appellate Tribunal to refer the same to draw up a statement of the case and refer the same to this Court for its opinion.

The application is allowed.

A.A./1255/FCApplication allowed.