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 367,154 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.

Kerala Grameen Bank, Kakkur Branch, Kakkur vs. ITO, Ward TDS, Kozhikode

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

ITA 209/COCH/2022[2014-2015]Status: DisposedITAT Cochin30 Jun 2022AY 2014-2015

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

Section 200ASection 234E

…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 branch of the assessee, TAN No. of branch, financial year, the quarters, date of filing of TDS ret…

Kerala Grameen Bank, Thiruvandoor Branch, Thiruvandoor vs. ITO, Ward TDS, Alappuzha

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

ITA 204/COCH/2022[2013-2014]Status: DisposedITAT Cochin30 Jun 2022AY 2013-2014

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

Section 200ASection 234E

…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 branch of the assessee, TAN No. of branch, financial year, the quarters, date of filing of TDS ret…

Kerala Gramin Bank, Hosangadi Branch, Kasaragod vs. ITO, Ward TDS, Kannur

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

ITA 197/COCH/2022[2013-2014]Status: DisposedITAT Cochin30 Jun 2022AY 2013-2014

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

Section 200ASection 234E

…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 branch of the assessee, TAN No. of branch, financial year, the quarters, date of filing of TDS ret…

Kerala Gramin Bank, Cherthala Branch, Alappuzha vs. ITO, Ward TDS, Alappuzha

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

ITA 195/COCH/2022[2013-2014]Status: DisposedITAT Cochin30 Jun 2022AY 2013-2014

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

Section 200ASection 234E

…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 branch of the assessee, TAN No. of branch, financial year, the quarters, date of filing of TDS ret…

Kerala Gramin Bank, Mannar Branch, Alappuzha vs. ITO, Ward TDS, Alappuzha

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

ITA 187/COCH/2022[2013-2014]Status: DisposedITAT Cochin30 Jun 2022AY 2013-2014

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

Section 200ASection 234E

…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 branch of the assessee, TAN No. of branch, financial year, the quarters, date of filing of TDS ret…

Kerala Gramin Bank, Panamaram Branch, Wayanad vs. ITO, Ward TDS, Kozhikode

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

ITA 182/COCH/2022[2013-2014]Status: DisposedITAT Cochin30 Jun 2022AY 2013-2014

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

Section 200ASection 234E

…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 branch of the assessee, TAN No. of branch, financial year, the quarters, date of filing of TDS ret…

Kerala Gramin Bank, Panamaram Branch, Wayanad vs. ITO, Ward TDS, Kozhikode

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

ITA 181/COCH/2022[2013-2014]Status: DisposedITAT Cochin30 Jun 2022AY 2013-2014

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

Section 200ASection 234E

…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 branch of the assessee, TAN No. of branch, financial year, the quarters, date of filing of TDS ret…

Kerala Gramin Bank, Panamaram Branch, Wayanad vs. ITO, Ward TDS, Kozhikode

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

ITA 180/COCH/2022[2013-2014]Status: DisposedITAT Cochin30 Jun 2022AY 2013-2014

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

Section 200ASection 234E

…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 branch of the assessee, TAN No. of branch, financial year, the quarters, date of filing of TDS ret…

Primo Pick Pack Private Limited, Jabalpur vs. Deputh Commissioner of Income Tax CPC, Bangalore Officer Isacit, Circle2(1) Jabalpur, Jabalpur

In the result, the appeals by the assessees are allowed

ITA 30/JAB/2022[2019-20]Status: DisposedITAT Jabalpur28 Jun 2022AY 2019-20

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

For Appellant: Shri Dhiraj Ghai, FCAFor Respondent: Shri Shiv Kumar, Sr. DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 154Section 2(24)(x)Section 36(1)(va)Section 37(1)Section 44A

…54(2), and even where rendered after the date of the order sought to be rectified (Asst. CIT v. Saurashtra Kutch Stock 6 | P a g e ITA Nos. 57/JAB/2021 & 30/JAB/2022 (AYs: 2018-19 & 2019-20) Geomin Industries Pvt. Ltd. & Anr. vs. ACIT 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…

Geomin Industries Private Limited, Jabalpur vs. Assistant Commissioner of Income 2(1)CPC Tax, CPC, Jabalpur

In the result, the appeals by the assessees are allowed

ITA 57/JAB/2021[2018-19]Status: DisposedITAT Jabalpur28 Jun 2022AY 2018-19

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

For Appellant: Shri Dhiraj Ghai, FCAFor Respondent: Shri Shiv Kumar, Sr. DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 154Section 2(24)(x)Section 36(1)(va)Section 37(1)Section 44A

…54(2), and even where rendered after the date of the order sought to be rectified (Asst. CIT v. Saurashtra Kutch Stock 6 | P a g e ITA Nos. 57/JAB/2021 & 30/JAB/2022 (AYs: 2018-19 & 2019-20) Geomin Industries Pvt. Ltd. & Anr. vs. ACIT 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…

Shinhan Bank, Mumbai vs. DDIT (It) RG 2(1), Mumbai

In the result, the appeal is partly allowed in the terms indicated above

ITA 6994/MUM/2012[2008-09]Status: DisposedITAT Mumbai27 Jun 2022AY 2008-09
Section 143(3)Section 44C

…bility 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 ACIT v. Saurashtra Kutch Stock Exchange Ltd. [(2008) 173 Taxman 322/305 ITR 227 (SC)] 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". The decisions of Hon'ble non-jurisdictional High Courts are thus placed at a level certainly below the Hon'ble jurisdictional High Court, and it's a conscio…

Shinhan Bank, Mumbai vs. DDIT (It) RG 2(1), Mumbai

In the result, the appeal is partly allowed in the terms indicated above

ITA 6993/MUM/2012[2007-08]Status: DisposedITAT Mumbai27 Jun 2022AY 2007-08
Section 143(3)Section 90

…bility 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 ACIT v. Saurashtra Kutch Stock Exchange Ltd. [(2008) 173 Taxman 322/305 ITR 227 (SC)] 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". The decisions of Hon'ble non-jurisdictional High Courts are thus placed at a level certainly below the Hon'ble jurisdictional High Court, and it's a CO Nos.…

The Anup Engineering Ltd.(Merged With Anveshah Heavy Engi. Ltd), Ahmedabad vs. The DCIT CPC, Banglore

In the result, appeal of the assessee is dismissed

ITA 444/AHD/2020[2018-19]Status: DisposedITAT Ahmedabad24 Jun 2022AY 2018-19

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumarassessment Year : 2018-19 The Anup Engineering Ltd. Dcit, Cpc, (Merged With Anveshah Heavy Vs Bangalore. Engineering Ltd.) Nr.66 Kv Power Station Odhav Road, Odhav, Ahmedabad. Pan : Aaqca 0309 R

For Appellant: Shri Biren Shah, ARFor Respondent: Shri V.K. Singh, Sr.DR
Section 139Section 139(1)Section 142Section 143Section 143(1)Section 2(24)(x)Section 36Section 36(1)(va)Section 43B

…आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद "यायपीठ आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण अहमदाबाद "यायपीठ अहमदाबाद "यायपीठ ‘C’ अहमदाबाद। अहमदाबाद "यायपीठ अहमदाबाद। अहमदाबाद। अहमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, AHMEDABAD ] ] BEFORE SMT.ANNAPURNA GUPTA, ACCOUNTANT MEMBER AND T.R. SENTHIL KUMAR, JUDICIAL MEMBER Assessment Year : 2018-19 The Anup Engineering Ltd. DCIT, CPC, (Merged with Anveshah Heavy Vs Bangalore. Engineering Ltd.) Nr.66 KV Power Station Odhav Road, Odhav, Ahmedabad. PAN : AAQCA 0309 R (Applicant) (Responent) Assessee by : Shri Biren Shah, AR Revenue by : Shri V.K. Singh…

M/S. M M Vora Automobiles Pvt. Ltd., Vadodara vs. The DCIT, CPC, Banglore

In the result, the appeal of the assessee is dismissed

ITA 100/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad08 Jun 2022AY 2017-18

Bench: Hearing Of The Appeal.”

For Appellant: NoneFor Respondent: Shri Abhimanyu Singh Yadav, Sr. D.R
Section 139Section 143Section 143(1)(a)Section 36Section 36(1)(va)Section 43BSection 44A

…THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “SMC” BENCH Before: Shri Waseem Ahmed, Accountant Member And Shri Siddhartha Nautiyal, Judicial Member Assessment Year 2017-18 M/s. M M Vora The DCIT, Automobiles Pvt. Ltd., CPC, Bangalore Opp. Octroi Naka Dabhoi Vs (Respondent) Road, Pratap Nagar, Vadodara PAN: AABCM5919N (Appellant) Assessee by: None Revenue by: Shri Abhimanyu Singh Yadav, Sr. D.R. Date of hearing : 03-06-2022 Date of pronouncement : 08-06-2022 आदेश/ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER:- This is an appeal filed by the assessee against the order of the National Faceless Appeal…

Diversified Services, Ahmedabad vs. The ITO, Ward-5(2)(3), Ahmedabad

In the result, the appeal of the assessee is dismissed

ITA 55/AHD/2022[2019-20]Status: DisposedITAT Ahmedabad17 May 2022AY 2019-20
For Appellant: Shri Dipak R. Shah, A.RFor Respondent: Shri Umesh Agarwal, Sr. D.R
Section 139(1)Section 143(1)Section 36Section 36(1)(va)

…THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “SMC” BENCH Before: Shri Waseem Ahmed, Accountant Member And Shri Siddhartha Nautiyal, Judicial Member Assessment Year 2019-20 Diversified Services, The ITO, 304, JB House Nr Ishwar Ward-5(2)(3), Bhuvan, Navrangpura, Vs Ahmedabad Ahmedabad-380009, (Respondent) Gujarat PAN: AAMFD5818M (Appellant) Assessee by: Shri Dipak R. Shah, A.R. Revenue by: Shri Umesh Agarwal, Sr. D.R. Date of hearing : 05-05-2022 Date of pronouncement : 17-05-2022 आदेश/ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER:- This is an appeal filed by the assessee against the order of Nation…

M/S A R Transport, Satna vs. Assistant Director of Income Tax, Ward 2 Satna.Central Processing Centre, Bangalore, Karnaataka

In the result, the assessee’s appeal is allowed

ITA 7/JAB/2022[2019-20]Status: DisposedITAT Jabalpur07 Apr 2022AY 2019-20

Bench: Sh. Sanjay Arora, Hon'Ble & Sh. Manomohan Das, Hon’Bleassessment Year: 2019-20 A R Transport, Assistant Director Of Income Vs. Tax, Central Processing Satna, (M.P.) Centre, Bangalore [Pan : Aayfa 6634L] (Appellant) (Respondent) Appellant By Written Submissions Respondent By Sh. Rajesh Kumar Gupta, Sr. Dr Date Of Hearing 07/04/2022 Date Of Pronouncement 07/04/2022

Section 139(1)Section 143(1)Section 143(1)(a)Section 154Section 2(24)(x)Section 36(1)(va)Section 37(1)Section 43B

…sion/s by the Hon’ble jurisdictional High Court, which would, where so, hold, even justifying a rectification u/s. 154/254(2), and 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…

Gujral Hotels Private Limited, Jabalpur vs. DCIT, Circle 2(1) Jabalpur, Jabalpur

In the result, the assessee’s appeals are allowed

ITA 18/JAB/2022[2018-19]Status: DisposedITAT Jabalpur07 Apr 2022AY 2018-19

Bench: Sh. Sanjay Arora, Hon'Ble & Sh. Manomohan Das, Hon’Bleassessment Year: 2018-19 Gujral Hotels Private Limited, Dy. Cit, Circle-2(1), Vs. Jabalpur, (M.P.) Jabalpur (M.P.)

Section 139(1)Section 143(1)Section 143(1)(a)Section 154Section 2(24)(x)Section 36(1)(va)Section 37(1)Section 44A

…sion/s by the Hon’ble jurisdictional High Court, which would, where so, hold, even justifying a rectification u/s. 154/254(2), and 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). 6 | P a g e ITA No. 18/Jab/2022(AY 2018-19) & ITA No. 62/Jab/2021(A.Y. 2019-20) Gujral Hotels Pvt. Ltd. & Jasuja Enterprises Pvt. Ltd. Any such decision,…

Jasuja Enterprises Pvt.Ltd, Jabalpur vs. ADIT, CPC, Bengaluru

In the result, the assessee’s appeals are allowed

ITA 62/JAB/2021[2019-20]Status: DisposedITAT Jabalpur07 Apr 2022AY 2019-20

Bench: Sh. Sanjay Arora, Hon'Ble & Sh. Manomohan Das, Hon’Bleassessment Year: 2018-19 Gujral Hotels Private Limited, Dy. Cit, Circle-2(1), Vs. Jabalpur, (M.P.) Jabalpur (M.P.)

Section 139(1)Section 143(1)Section 143(1)(a)Section 154Section 2(24)(x)Section 36(1)(va)Section 37(1)Section 44A

…sion/s by the Hon’ble jurisdictional High Court, which would, where so, hold, even justifying a rectification u/s. 154/254(2), and 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). 6 | P a g e ITA No. 18/Jab/2022(AY 2018-19) & ITA No. 62/Jab/2021(A.Y. 2019-20) Gujral Hotels Pvt. Ltd. & Jasuja Enterprises Pvt. Ltd. Any such decision,…

Reliance Industries Ltd, Mumbai vs. Deputy Commissioner of Income Tax Large Taxpayer Unit-2, Mumbai

In the result, the ITA No

ITA 2876/MUM/2019[2015-16]Status: DisposedITAT Mumbai08 Mar 2022AY 2015-16
Section 143(3)Section 28

…ore, the applicability 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 ACIT v. Saurashtra Kutch Stock Exchange Ltd. [(2008) 305 ITR 227 (SC)] 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". The decisions of Hon'ble non-jurisdictional High Courts are thus placed at a ITA Nos.1645 & 2876/Mum/2019 ITA Nos.2344 & 3945/Mum/2019 Assessment Years: 20…

DCIT (Ltu)-2, Mumbai vs. M/S Reliance Industries Ltd., Mumbai

In the result, the ITA No

ITA 2344/MUM/2019[2014-15]Status: DisposedITAT Mumbai08 Mar 2022AY 2014-15
Section 143(3)Section 28

…ore, the applicability 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 ACIT v. Saurashtra Kutch Stock Exchange Ltd. [(2008) 305 ITR 227 (SC)] 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". The decisions of Hon'ble non-jurisdictional High Courts are thus placed at a ITA Nos.1645 & 2876/Mum/2019 ITA Nos.2344 & 3945/Mum/2019 Assessment Years: 20…