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

Issues it is cited on

Judgments citing ACIT v. Saurashtra Kutch Stock Exchange Ltd.

Cosyn Limited, Hyderabad vs. Dy. Commissioner of Income Tax, TDS, Circle-1(1), Hyderabad

ITA 65/HYD/2019[2017-18]Status: DisposedITAT Hyderabad16 Feb 2022AY 2017-18

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahum.A.Nos.85 & 86/Hyd/2021 (Arising Out Of Ita Nos.64 & 65/Hyd/2019) Assessment Years: 2016-17 & 2017-18 M/S. Cosyn Limited, The Deputy Commissioner (Formerly Known As Of Income Tax, Css Technergy Limited). Tds, Circle 1(1), Hyderabad. Hyderabad. Pan No.Aabcc3628G. (Appellant) (Respondent) Assessee By: Sri Praveen Nair For Sri Karan Talwar. Revenue By: Sri Swapnil Patil. Date Of Hearing: 04/02/2022 Date Of Pronouncement: 16/02/2022 Order Per S. S. Godara, J.M. These Revenue’S Twin Miscellaneous Applications Filed U/S 254(2) Of The Income Tax Act, 1961 (In Short ‘Act’) Seek To Recall Our Impugned Common Order 11.06.2021 Deleting Section 200A R.W.S. 234E Late Filing Fee; Involving Varying Sums, Respectively. Heard Both The Parties. Case Files Perused.

For Appellant: Sri Praveen Nair for Sri Karan TalwarFor Respondent: Sri Swapnil Patil
Section 200ASection 200A(1)(c)Section 254(2)

…se before us is the assessee’s instant twin appeals pertain to the time period after 01.06.2015 only and therefore, we ought to recall our order. The assessee has strongly supported our order by quoting case law ACIT Vs. Saurashtra Kutch Stock Exchange (2008) 305 ITR 227 (SC) as reiterated in CIT Vs. Reliance Telecom Ltd (2021) 133 taxmann.com 41 (SC) that section 254(2) proceedings do not tantamount to rehearing of the entire matter afresh as it is projected at the Revenue’s behest. 3. We find no merit in the assessee’s stand as it has already been made clear that our order in issue had declared on one hand that…

Cosyn Limited, Hyderabad vs. Dy. Commissioner of Income Tax, TDS, Circle-1(1), Hyderabad

ITA 64/HYD/2019[2016-17]Status: DisposedITAT Hyderabad16 Feb 2022AY 2016-17

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahum.A.Nos.85 & 86/Hyd/2021 (Arising Out Of Ita Nos.64 & 65/Hyd/2019) Assessment Years: 2016-17 & 2017-18 M/S. Cosyn Limited, The Deputy Commissioner (Formerly Known As Of Income Tax, Css Technergy Limited). Tds, Circle 1(1), Hyderabad. Hyderabad. Pan No.Aabcc3628G. (Appellant) (Respondent) Assessee By: Sri Praveen Nair For Sri Karan Talwar. Revenue By: Sri Swapnil Patil. Date Of Hearing: 04/02/2022 Date Of Pronouncement: 16/02/2022 Order Per S. S. Godara, J.M. These Revenue’S Twin Miscellaneous Applications Filed U/S 254(2) Of The Income Tax Act, 1961 (In Short ‘Act’) Seek To Recall Our Impugned Common Order 11.06.2021 Deleting Section 200A R.W.S. 234E Late Filing Fee; Involving Varying Sums, Respectively. Heard Both The Parties. Case Files Perused.

For Appellant: Sri Praveen Nair for Sri Karan TalwarFor Respondent: Sri Swapnil Patil
Section 200ASection 200A(1)(c)Section 254(2)

…se before us is the assessee’s instant twin appeals pertain to the time period after 01.06.2015 only and therefore, we ought to recall our order. The assessee has strongly supported our order by quoting case law ACIT Vs. Saurashtra Kutch Stock Exchange (2008) 305 ITR 227 (SC) as reiterated in CIT Vs. Reliance Telecom Ltd (2021) 133 taxmann.com 41 (SC) that section 254(2) proceedings do not tantamount to rehearing of the entire matter afresh as it is projected at the Revenue’s behest. 3. We find no merit in the assessee’s stand as it has already been made clear that our order in issue had declared on one hand that…