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 Gramin Bank, Ulliyeri Branch, Kozhikode vs. The ITO Ward TDS, Kozhikode

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

ITA 823/COCH/2022[2013-2014(26Q,Q2)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 822/COCH/2022[2013-2014(24Q,Q2)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 821/COCH/2022[2013-2014(26Q,Q3)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 820/COCH/2022[2013-2014(24Q,Q3)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 819/COCH/2022[2013-2014(26Q,Q3)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 818/COCH/2022[2013-2014(24Q,Q3)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 817/COCH/2022[2013-2014(26Q,Q2)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 816/COCH/2022[2013-2014(24Q,Q2)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 815/COCH/2022[2013-2014(26Q,Q4)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 814/COCH/2022[2013-2014 (24Q, Q4)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 813/COCH/2022[2013-2014(26Q,Q3)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 812/COCH/2022[2013-2014(24Q, Q3)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 811/COCH/2022[2013-2014(26Q, Q2)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 810/COCH/2022[2013-2014(24Q,Q2)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

Kerala Gramin Bank, Ottappalam Branch, Palakkad vs. The ITO Ward TDS, Palakkad

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

ITA 809/COCH/2022[2013-2014(26Q,Q3)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

Kerala Gramin Bank, Ottappalam Branch, Palakkad vs. The ITO Ward TDS, Palakkad

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

ITA 808/COCH/2022[2013-2014(26Q,Q2)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

Kerala Gramin Bank, Ottappalam Branch, Palakkad vs. The ITO Ward TDS, Palakkad

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

ITA 807/COCH/2022[2013-2014(24Q,Q2)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 806/COCH/2022[2013-2014 (26Q, Q4)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 805/COCH/2022[2013-2014 (24Q, Q4)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…

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

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

ITA 804/COCH/2022[2013-2014(26Q,Q2)]Status: DisposedITAT Cochin03 Mar 2023

Bench: Shri Sanjay Arora, Am & Shri Sandeep Gosain, Jm

For Appellant: Written Submissions (through S/Sh. Pratik Sadrani, HardikFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 200Section 200(3)Section 200ASection 200A(1)Section 234ESection 234E(1)

…and Rajesh Kourani v. UoI [2017] 99 CCH 098 (Guj), so that the matter cannot be regarded as a mistake of law per se, justifying rectification u/s. 154 of the Act. So, however, the Hon’ble Apex Court in Asst. CIT v. Saurashtra Kutch Stock Exchange Ltd. [2008] 305 ITR 277 (SC) clarified that a decision by the Hon’ble jurisdictional High Court shall be binding and lead to rectification where an order inconsistent therewith has been passed; rather, even where the same is prior to the binding decision by the Hon'ble High Court inasmuch as it would relate back to the period to which it pertains to. Though rendered in…