ACIT v. Saurashtra Kutch Stock Exchange Ltd.

305 ITR 227Supreme Court of India2008#151 most cited

What is ACIT v. Saurashtra Kutch Stock Exchange Ltd. authority for?

Non-consideration of a decision by a jurisdictional High Court or the Supreme Court constitutes a mistake apparent from the record. However, non-consideration of a non-jurisdictional High Court decision does not typically amount to such a mistake.

470

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2008 to 2026.

Also referred to as

ACIT v. Saurashtra Kutch Stock Exchange Ltd. · Saurashtra Kutch Stock Exchange · mistake apparent from record · section 154 · section 254(2) · rectification of mistake · non-consideration jurisdictional High Court · non-consideration Supreme Court · judicial precedent oversight · error on record · 305 ITR 227

Also reported as

173 Taxmann 322

Sections most often in play

Section 143(3)Section 154Section 250Section 147Section 143(1)Section 263Section 142(1)Section 148
Read the full judgment

Issues it is cited on

section 254(2)mistake apparent from recordmistake apparent on recordsection 2(24)section 254miscellaneous applicationsection 36(1)(va)section 43bsection 36(1)section 154section 36section 25

Judgments citing ACIT v. Saurashtra Kutch Stock Exchange Ltd.

M/S Srbh Ebguneering & Equipment Pvt Ltd Delha Mod, Sarla Nagar, Maihar Distt Satna(M.P), Satna vs. Deputy Commissioner of Income Tax, DCIT Cir Katni, Jabalpur

In the result, the assessee’s appeal is allowed

ITA 10/JAB/2022[2017-18]Status: DisposedITAT Jabalpur06 Sept 2022AY 2017-18

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

For Appellant: Shri Rahul Bardia, FCAFor Respondent: Shri Ravi Mehrotra, Sr. DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 2(24)(x)Section 36(1)(va)Section 37(1)Section 43B

…decision/s by the Hon’ble jurisdictional High Court, which would, where so, hold, even justifying a rectification u/s. 154/254(2), even where rendered after the date of the order sought to be rectified (Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 227 (SC); CIT v. Aruna Luthra [2001] 252 ITR 76 (P&H)(FB)). No such decision has been found, or otherwise pointed out by the parties, as was the case before the Tribunal in Nikhil Mohine (supra). Any such decision, even if discovered later, may operate to amend this order, or the order giving appeal effect thereto, to bring it in conformity or agreem…

Kerala Gramin Bank, Thazhekode Branch, Malappuram vs. The ITO Ward TDS, Kozhikode

ITA 785/COCH/2022[2013-2014(24Q,Q3)]Status: DisposedITAT Cochin06 Sept 2022

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

…cord, the learned AR contended that non-consideration of decision of Hon’ble jurisdictional High Court in itself is a mistake apparent from record as held by the Hon’ble Apex Court in the case of ACIT v. Saurashtra Kutch Stock Exchange Ltd. Reported in (2008) 305 ITR 227 (SC). 8. The learned Departmental Representative relied on the orders of the CIT(A). 9. We have heard rival submissions and perused the material on record. The assessee-branches have filed belatedly TDS returns for various quarters. The details of ITA No.684/Bang/2022 & Ors. 6 M/s.Kerala Gramin Bank. branch of the assessee, TAN No. of branch, f…

Kerala Gramin Bank, Ezhamkulam Branch, Pathanamthitta vs. The ITO Ward TDS, Trivandrum, Thiruvananthapuram

ITA 784/COCH/2022[2013-2014(24Q,Q3)]Status: DisposedITAT Cochin06 Sept 2022

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

…cord, the learned AR contended that non-consideration of decision of Hon’ble jurisdictional High Court in itself is a mistake apparent from record as held by the Hon’ble Apex Court in the case of ACIT v. Saurashtra Kutch Stock Exchange Ltd. Reported in (2008) 305 ITR 227 (SC). 8. The learned Departmental Representative relied on the orders of the CIT(A). 9. We have heard rival submissions and perused the material on record. The assessee-branches have filed belatedly TDS returns for various quarters. The details of ITA No.684/Bang/2022 & Ors. 6 M/s.Kerala Gramin Bank. branch of the assessee, TAN No. of branch, f…

Kerala Gramin Bank, Changaramkulam Branch, Malappuram vs. The ITO Ward TDS, Kozhikode

ITA 783/COCH/2022[2013-2014(24Q,Q4)]Status: DisposedITAT Cochin06 Sept 2022

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

…cord, the learned AR contended that non-consideration of decision of Hon’ble jurisdictional High Court in itself is a mistake apparent from record as held by the Hon’ble Apex Court in the case of ACIT v. Saurashtra Kutch Stock Exchange Ltd. Reported in (2008) 305 ITR 227 (SC). 8. The learned Departmental Representative relied on the orders of the CIT(A). 9. We have heard rival submissions and perused the material on record. The assessee-branches have filed belatedly TDS returns for various quarters. The details of ITA No.684/Bang/2022 & Ors. 6 M/s.Kerala Gramin Bank. branch of the assessee, TAN No. of branch, f…

Kerala Gramin Bank, Chamravattom Branch, Malappuram vs. The ITO Ward TDS, Kozhikode

ITA 782/COCH/2022[2013-2014(27Q,Q4)]Status: DisposedITAT Cochin06 Sept 2022

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

…cord, the learned AR contended that non-consideration of decision of Hon’ble jurisdictional High Court in itself is a mistake apparent from record as held by the Hon’ble Apex Court in the case of ACIT v. Saurashtra Kutch Stock Exchange Ltd. Reported in (2008) 305 ITR 227 (SC). 8. The learned Departmental Representative relied on the orders of the CIT(A). 9. We have heard rival submissions and perused the material on record. The assessee-branches have filed belatedly TDS returns for various quarters. The details of ITA No.684/Bang/2022 & Ors. 6 M/s.Kerala Gramin Bank. branch of the assessee, TAN No. of branch, f…

Asst. Commissioner of Income Tax, Central Circle-1(1), Hyderabad vs. Tumu Rajkumar, Hyderabad

In the result, all the appeals filed by the Revenue are allowed for statistical purposes and the C

ITA 1555/HYD/2019[2015-16]Status: DisposedITAT Hyderabad30 Aug 2022AY 2015-16

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Shri S.Venkateswarlu, AdvocateFor Respondent: Shri K.P.R.R.Murthy,CIT-DR
Section 143(3)Section 153ASection 153D

…ty of the non-jurisdictional High Court is never absolute, without exceptions and as a matter of course. That is the principle implicit in Hon'ble Supreme Court's judgment in the case of Asstt. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 173 Taxman 322/305 ITR 227 wherein Their Lordships have upheld the plea that "non-consideration of a decision of Jurisdictional Court or of the Supreme Court can be said to be a mistake apparent from the record". 8 Tumu Rajkumar 11. In the light of the above, the only ground raised by the assessee in the C.O. are dismissed. 12. Now we will deal with the additional ground…

Asst. Commissioner of Income Tax, Central Circle-1(1), Hyderabad vs. Tumu Rajkumar, Hyderabad

In the result, all the appeals filed by the Revenue are allowed for statistical purposes and the C

ITA 1402/HYD/2019[2016-17]Status: DisposedITAT Hyderabad30 Aug 2022AY 2016-17

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Shri S.Venkateswarlu, AdvocateFor Respondent: Shri K.P.R.R.Murthy,CIT-DR
Section 143(3)Section 153ASection 153D

…ty of the non-jurisdictional High Court is never absolute, without exceptions and as a matter of course. That is the principle implicit in Hon'ble Supreme Court's judgment in the case of Asstt. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 173 Taxman 322/305 ITR 227 wherein Their Lordships have upheld the plea that "non-consideration of a decision of Jurisdictional Court or of the Supreme Court can be said to be a mistake apparent from the record". 8 Tumu Rajkumar 11. In the light of the above, the only ground raised by the assessee in the C.O. are dismissed. 12. Now we will deal with the additional ground…

Asst. Commissioner of Income Tax, Central Circle-1(1), Hyderabad vs. Tumu Rajkumar, Hyderabad

In the result, all the appeals filed by the Revenue are allowed for statistical purposes and the C

ITA 1401/HYD/2019[2014-15]Status: DisposedITAT Hyderabad30 Aug 2022AY 2014-15

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Shri S.Venkateswarlu, AdvocateFor Respondent: Shri K.P.R.R.Murthy,CIT-DR
Section 143(3)Section 153ASection 153D

…ty of the non-jurisdictional High Court is never absolute, without exceptions and as a matter of course. That is the principle implicit in Hon'ble Supreme Court's judgment in the case of Asstt. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 173 Taxman 322/305 ITR 227 wherein Their Lordships have upheld the plea that "non-consideration of a decision of Jurisdictional Court or of the Supreme Court can be said to be a mistake apparent from the record". 8 Tumu Rajkumar 11. In the light of the above, the only ground raised by the assessee in the C.O. are dismissed. 12. Now we will deal with the additional ground…

Asst. Commissioner of Income Tax, Central Circle-1(1), Hyderabad vs. Tumu Rajkumar, Hyderabad

In the result, all the appeals filed by the Revenue are allowed for statistical purposes and the C

ITA 1400/HYD/2019[2013-14]Status: DisposedITAT Hyderabad30 Aug 2022AY 2013-14

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Shri S.Venkateswarlu, AdvocateFor Respondent: Shri K.P.R.R.Murthy,CIT-DR
Section 143(3)Section 153ASection 153D

…ty of the non-jurisdictional High Court is never absolute, without exceptions and as a matter of course. That is the principle implicit in Hon'ble Supreme Court's judgment in the case of Asstt. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 173 Taxman 322/305 ITR 227 wherein Their Lordships have upheld the plea that "non-consideration of a decision of Jurisdictional Court or of the Supreme Court can be said to be a mistake apparent from the record". 8 Tumu Rajkumar 11. In the light of the above, the only ground raised by the assessee in the C.O. are dismissed. 12. Now we will deal with the additional ground…

Asst. Commissioner of Income Tax, Central Circle-1(1), Hyderabad vs. Tumu Rajkumar, Hyderabad

In the result, all the appeals filed by the Revenue are allowed for statistical purposes and the C

ITA 1399/HYD/2019[2012-13]Status: DisposedITAT Hyderabad30 Aug 2022AY 2012-13

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Shri S.Venkateswarlu, AdvocateFor Respondent: Shri K.P.R.R.Murthy,CIT-DR
Section 143(3)Section 153ASection 153D

…ty of the non-jurisdictional High Court is never absolute, without exceptions and as a matter of course. That is the principle implicit in Hon'ble Supreme Court's judgment in the case of Asstt. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 173 Taxman 322/305 ITR 227 wherein Their Lordships have upheld the plea that "non-consideration of a decision of Jurisdictional Court or of the Supreme Court can be said to be a mistake apparent from the record". 8 Tumu Rajkumar 11. In the light of the above, the only ground raised by the assessee in the C.O. are dismissed. 12. Now we will deal with the additional ground…

Asst. Commissioner of Income Tax, Central Circle-1(1), Hyderabad vs. Tumu Rajkumar, Hyderabad

In the result, all the appeals filed by the Revenue are allowed for statistical purposes and the C

ITA 1398/HYD/2019[2011-12]Status: DisposedITAT Hyderabad30 Aug 2022AY 2011-12

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Shri S.Venkateswarlu, AdvocateFor Respondent: Shri K.P.R.R.Murthy,CIT-DR
Section 143(3)Section 153ASection 153D

…ty of the non-jurisdictional High Court is never absolute, without exceptions and as a matter of course. That is the principle implicit in Hon'ble Supreme Court's judgment in the case of Asstt. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 173 Taxman 322/305 ITR 227 wherein Their Lordships have upheld the plea that "non-consideration of a decision of Jurisdictional Court or of the Supreme Court can be said to be a mistake apparent from the record". 8 Tumu Rajkumar 11. In the light of the above, the only ground raised by the assessee in the C.O. are dismissed. 12. Now we will deal with the additional ground…

Tumu Rajkumar, Hyderabad vs. Asst.Commissioner of Income Tax, Central Circle-1(1), Hyderabad

In the result, all the appeals filed by the Revenue are allowed for statistical purposes and the C

ITA 1371/HYD/2019[2015-16]Status: DisposedITAT Hyderabad30 Aug 2022AY 2015-16

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Shri S.Venkateswarlu, AdvocateFor Respondent: Shri K.P.R.R.Murthy,CIT-DR
Section 143(3)Section 153ASection 153D

…ty of the non-jurisdictional High Court is never absolute, without exceptions and as a matter of course. That is the principle implicit in Hon'ble Supreme Court's judgment in the case of Asstt. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 173 Taxman 322/305 ITR 227 wherein Their Lordships have upheld the plea that "non-consideration of a decision of Jurisdictional Court or of the Supreme Court can be said to be a mistake apparent from the record". 8 Tumu Rajkumar 11. In the light of the above, the only ground raised by the assessee in the C.O. are dismissed. 12. Now we will deal with the additional ground…

Ultra Clean and Care Services Pvt. Ltd, Jabalpur vs. Asstt. Director of Income Tax CPC, Bangalore

In the result, the assessee’s appeal is allowed

ITA 44/JAB/2021[2018-19]Status: DisposedITAT Jabalpur25 Aug 2022AY 2018-19

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

For Appellant: NoneFor Respondent: Shri Shiv Kumar, Sr. DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 2(24)(x)Section 36(1)(va)Section 37(1)Section 43B

…decision/s by the Hon’ble jurisdictional High Court, which would, where so, hold, even justifying a rectification u/s. 154/254(2), even where rendered after the date of the order sought to be rectified (Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 227 (SC); CIT v. Aruna Luthra [2001] 252 ITR 76 (P&H)(FB)). No such decision has been found, or otherwise pointed out by the parties, as was the case before the Tribunal in Nikhil Mohine (supra). Any such decision, even if discovered later, may operate to amend this order, or the order giving appeal effect thereto, to bring it in conformity or agreem…

Abbott Healthcare P. Ltd, Mumbai vs. ACIT 2(1)(1), Mumbai

ITA 570/MUM/2018[2011-12]Status: DisposedITAT Mumbai02 Aug 2022AY 2011-12

Bench: Shri Vikas Awasthy & Shri Amarjit Singh आअसं.570/मुं/2018 ("न.व. 2011-12) Abbott Healthcare Private Limited., 4, Corporate Park, Sion -Trombay Road, Chembur, Mumbai 400 071. Pan: Aaack-3935-D ..... अपीलाथ" /Appellant बनाम Vs. Asstt. Commissioner Of Income Tax, Circle 2(1)(1), Room No.561, 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : S/Shri Raghavendra Singh/ Lokesh Shah/Kiran Belkar ""तवाद" "वारा/Respondent By : Smt. Monica Khare सुनवाई क" "त"थ/ Date Of Hearing : 04/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 02/08/2022 आदेश/ Order Per Vikas Awasthy, Jm:

For Appellant: S/Shri Raghavendra Singh/For Respondent: Smt. Monica Khare
Section 254(2)Section 32Section 32(1)

…nsideration of judgment by a Jurisdictional High Court is a mistake apparent from record. To buttress his submissions he placed reliance on the decision of Hon'ble Supreme Court of India in the case of ACIT vs. Saurashtra Kutch Stock Exchange Ltd. reported as 305 ITR 227. ITA NO.570 /MUM/2018(A.Y.2011-12) 8. We have heard the submissions made by rival sides. The solitary issue before us for adjudication is with respect to assessee’s claim of depreciation amounting to Rs.128,38,65,000/- on Non-compete Fee u/s. 32 of the Act. Since, the issue has been dealt with by the Assessing Officer and the CIT(A), non fresh e…

Torrent Pharmaceutical Ltd., Ahmedabad vs. DCIT, Circle-4(1)(2), Ahmedabad

In the result, the appeal of the assessee is dismissed

ITA 375/AHD/2020[2017-18]Status: DisposedITAT Ahmedabad27 Jul 2022AY 2017-18

Bench: Or During The Course Of Hearing Of The Appeal.

For Appellant: Shri Vartik Chokshi, A.R. &For Respondent: Shri Purshottam Kumar, Sr. D.R
Section 139(5)Section 143(1)Section 2(24)(x)Section 36(1)(va)

…THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “D” BENCH Before: Shri P.M. Jagtap, Vice President And Shri Siddhartha Nautiyal, Judicial Member Assessment Year 2017-18 Torrent Pharmaceuticals The Dy. CIT, Ltd., Torrent House, Off. Ahmedabad Circle- Ashram Road, Ahmedabad Vs 4(1)(2), PAN: AAACT5456A Ahmedabad (Appellant) (Respondent) Assessee by: Shri Vartik Chokshi, A.R. & Shri Biren Shah, A.R. Revenue by: Shri Purshottam Kumar, Sr. D.R. Date of hearing : 11-05-2022 Date of pronouncement : 27-07-2022 आदेश/ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER:- This is an appeal filed by the assessee against…

Kerala Gramin Bank, Anamangad Branch, Anamangad vs. ITO, Ward TDS, Kozhikode

In the result, the appeals filed by the assessees are allowed

ITA 553/COCH/2022[2013-2014]Status: DisposedITAT Cochin25 Jul 2022AY 2013-2014

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

…sdictional High Court in itself is a mistake apparent from record as held by the Hon’ble Apex 6 ITA No.486/Coch/2022 & Ors. M/s.Kerala Gramin Bank, Ambalavayal Branch & Ors. Court in the case of ACIT v. Saurashtra Kutch Stock Exchange Ltd. Reported in (2008) 305 ITR 227 (SC). 8. The learned Departmental Representative relied on the orders of the CIT(A). 9. We have heard rival submissions and perused the material on record. The assessee-branches have filed belatedly TDS returns for various quarters. The details of branch of the assessee, TAN No. of branch, financial year, the quarters, date of filing of TDS ret…

Kerala Gramin Bank, Anamangad Branch, Anamangad vs. ITO, Ward TDS, Kozhikode

In the result, the appeals filed by the assessees are allowed

ITA 552/COCH/2022[2013-2014]Status: DisposedITAT Cochin25 Jul 2022AY 2013-2014

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

…sdictional High Court in itself is a mistake apparent from record as held by the Hon’ble Apex 6 ITA No.486/Coch/2022 & Ors. M/s.Kerala Gramin Bank, Ambalavayal Branch & Ors. Court in the case of ACIT v. Saurashtra Kutch Stock Exchange Ltd. Reported in (2008) 305 ITR 227 (SC). 8. The learned Departmental Representative relied on the orders of the CIT(A). 9. We have heard rival submissions and perused the material on record. The assessee-branches have filed belatedly TDS returns for various quarters. The details of branch of the assessee, TAN No. of branch, financial year, the quarters, date of filing of TDS ret…

Kerala Gramin Bank, Anamangad Branch, Anamangad vs. ITO, Ward TDS, Kozhikode

In the result, the appeals filed by the assessees are allowed

ITA 551/COCH/2022[2013-2014]Status: DisposedITAT Cochin25 Jul 2022AY 2013-2014

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

…sdictional High Court in itself is a mistake apparent from record as held by the Hon’ble Apex 6 ITA No.486/Coch/2022 & Ors. M/s.Kerala Gramin Bank, Ambalavayal Branch & Ors. Court in the case of ACIT v. Saurashtra Kutch Stock Exchange Ltd. Reported in (2008) 305 ITR 227 (SC). 8. The learned Departmental Representative relied on the orders of the CIT(A). 9. We have heard rival submissions and perused the material on record. The assessee-branches have filed belatedly TDS returns for various quarters. The details of branch of the assessee, TAN No. of branch, financial year, the quarters, date of filing of TDS ret…

Kerala Gramin Bank, Anamangad Branch, Anamangad vs. ITO, Ward TDS, Kozhikode

In the result, the appeals filed by the assessees are allowed

ITA 550/COCH/2022[2013-2014]Status: DisposedITAT Cochin25 Jul 2022AY 2013-2014

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

…sdictional High Court in itself is a mistake apparent from record as held by the Hon’ble Apex 6 ITA No.486/Coch/2022 & Ors. M/s.Kerala Gramin Bank, Ambalavayal Branch & Ors. Court in the case of ACIT v. Saurashtra Kutch Stock Exchange Ltd. Reported in (2008) 305 ITR 227 (SC). 8. The learned Departmental Representative relied on the orders of the CIT(A). 9. We have heard rival submissions and perused the material on record. The assessee-branches have filed belatedly TDS returns for various quarters. The details of branch of the assessee, TAN No. of branch, financial year, the quarters, date of filing of TDS ret…

Kerala Gramin Bank, Areacode Branch, Areacode vs. ITO, Ward TDS, Kozhikode

In the result, the appeals filed by the assessees are allowed

ITA 548/COCH/2022[2013-2014]Status: DisposedITAT Cochin25 Jul 2022AY 2013-2014

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

…sdictional High Court in itself is a mistake apparent from record as held by the Hon’ble Apex 6 ITA No.486/Coch/2022 & Ors. M/s.Kerala Gramin Bank, Ambalavayal Branch & Ors. Court in the case of ACIT v. Saurashtra Kutch Stock Exchange Ltd. Reported in (2008) 305 ITR 227 (SC). 8. The learned Departmental Representative relied on the orders of the CIT(A). 9. We have heard rival submissions and perused the material on record. The assessee-branches have filed belatedly TDS returns for various quarters. The details of branch of the assessee, TAN No. of branch, financial year, the quarters, date of filing of TDS ret…