- (1.) This appeal is directed against the order of the Tribunal dated December 24, 1999, on a miscellaneous application under Section 254(2) of the Income -tax Act, 1961.
(2.) The appellant is a public limited company duly incorporated under the provisions of the Companies Act, 1956. The relevant assessment year is 1990 -91. On May 31, 1995, the Tribunal has decided the appeal in I. T. A. No. 1122/ JP of 1994. Thereafter, the miscellaneous application has been moved for rectification of the order under Section 254(2) of the Income -tax Act, 1961. The application has been rejected by the Tribunal holding that as to how the miscellaneous application can be allowed on December 24, 1999. As four years have expired, therefore, no mistake, in the appeal order, can be rectified.
(3.) Heard learned counsel for the parties. The provisions of Sub -section (2) of Section 254 reads as under : "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 Assessing Officer.";