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“mistake apparent on record”

Rectification & RevisionSection 154Section 154888 judgments

The decision most relied on for mistake apparent on record is Kourani v. Union OF India (83 Taxmann.com 137), cited in 1,708 judgments on BharatTax.

Leading authorities on mistake apparent on record

Kourani v. Union OF India
83 Taxmann.com 137 · 2017 · High Court
1,708
citing judgments

The fee under Section 234E for late filing of TDS/TCS statements cannot be levied retrospectively by processing an intimation under Section 200A for defaults occurring before the amendment allowing such processing.

ACIT v. Saurashtra Kutch Stock Exchange Ltd.
305 ITR 227 · 2008 · Supreme Court
470
citing judgments

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.

T.S. Balaram ITO v. Volkart Bros.
82 ITR 50 · 1971 · Supreme Court
382
citing judgments

A mistake apparent from the record under Section 154 must be an obvious and patent error, not one that requires a long and elaborate process of reasoning or where two opinions are conceivable. Rectification under Section 154 is not permissible for re-examining issues already considered or requiring detailed re-computation.

CIT v. Hero Cycles (P.) Ltd.
228 ITR 463 · 1997 · Supreme Court
262
citing judgments

A point not examined on facts or in law cannot be treated as a mistake apparent on record for rectification purposes.

DIT v. Jacabs Civil Incorporated/ Mitsubhishi Corporation
330 ITR 578 · 2011 · High Court
115
citing judgments

Interest under Section 234B is generally not leviable on non-residents whose income is subject to tax deduction at source under Section 195, provided the non-resident assessee did not induce short or non-deduction of TDS by the payer.

CIT v. Aruna Luthra
252 ITR 76 · 2001 · High Court
87
citing judgments

Rectification under Section 154 is permissible based on a subsequent judgment of the Jurisdictional High Court or the Supreme Court. Such a judgment clarifies the law as it always stood, thereby revealing a mistake apparent from the record.

Addl. CIT v. J.K. D'Costa
133 ITR 7 · 1982 · High Court
57
citing judgments

Debatable issues cannot be rectified under Section 154 of the Income-tax Act, as rectification is limited to mistakes apparent from the record.

Mepco Industries Ltd. v. CIT
319 ITR 208 · 2009 · Supreme Court
50
citing judgments

A mistake rectifiable under Section 154 must be obvious and apparent from the record, not one that requires a long process of reasoning or constitutes a mere change of opinion.

Judgments citing mistake apparent on record

Sh. Chattar Singh Tomar, Paonta Sahib vs. ITO, Nahan

ITA 53/CHANDI/2008[2004-05]Status: DisposedITAT Chandigarh23 May 2025AY 2004-05

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No. 51/Chandi/2008 (िनधा"रणवष" / Assessment Year: 2002-03) & 2. आयकरअपील सं. / Ita No. 52/Chandi/2008 (िनधा"रणवष" / Assessment Year: 2003-04) & 3. आयकरअपील सं. / Ita No. 53/Chandi/2008 (िनधा"रणवष" / Assessment Year: 2004-05) Shri Chattar Singh Tomar Ito बनाम/ Vs. (Rep. By Lh Shri Raghubir Singh) Nahan Vpo Kamrao, Tehsil Paonta Sahib, Hp "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abapt-2391-Q (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Ajay Dhiman (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Rohit Sharma (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 04-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 23-05-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals Are Recalled Matters. From The Case Records, It Emerges That The Assessee’S Appeals For Assessment Years (Ay) 1999-2000 To 2004-05 Were Disposed-Off By Tribunal Vide Ita Nos.48 To 53/Chandi/2008 Common Order Dated 07-07-2008. The Assessee

For Appellant: Shri Ajay Dhiman (Advocate) – Ld. ARFor Respondent: Shri Rohit Sharma (CIT) – Ld. DR
Section 153A

ignored the bills placed at pages 2 - 13 and 58 - 69 of the paper book dated 27.2.2008 and, therefore, has pleaded that a mistake apparent on record has occurred in arriving at the findings on this issue. 5. The next issue regarding which the assessee has pleaded that a mistake ... paper book dated 27.2.2005 has escaped the attention of the Tribunal. In view of this, it is a mistake apparent on record that has occurred in the order of the Tribunal on this issue. 8. So far as the profits on trucks is concerned, the Tribunal has directed the Assessing

Sh. Chattar Singh Tomar, Paonta Sahib vs. ITO, Nahan

ITA 52/CHANDI/2008[2003-04]Status: DisposedITAT Chandigarh23 May 2025AY 2003-04

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No. 51/Chandi/2008 (िनधा"रणवष" / Assessment Year: 2002-03) & 2. आयकरअपील सं. / Ita No. 52/Chandi/2008 (िनधा"रणवष" / Assessment Year: 2003-04) & 3. आयकरअपील सं. / Ita No. 53/Chandi/2008 (िनधा"रणवष" / Assessment Year: 2004-05) Shri Chattar Singh Tomar Ito बनाम/ Vs. (Rep. By Lh Shri Raghubir Singh) Nahan Vpo Kamrao, Tehsil Paonta Sahib, Hp "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abapt-2391-Q (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Ajay Dhiman (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Rohit Sharma (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 04-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 23-05-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals Are Recalled Matters. From The Case Records, It Emerges That The Assessee’S Appeals For Assessment Years (Ay) 1999-2000 To 2004-05 Were Disposed-Off By Tribunal Vide Ita Nos.48 To 53/Chandi/2008 Common Order Dated 07-07-2008. The Assessee

For Appellant: Shri Ajay Dhiman (Advocate) – Ld. ARFor Respondent: Shri Rohit Sharma (CIT) – Ld. DR
Section 153A

ignored the bills placed at pages 2 - 13 and 58 - 69 of the paper book dated 27.2.2008 and, therefore, has pleaded that a mistake apparent on record has occurred in arriving at the findings on this issue. 5. The next issue regarding which the assessee has pleaded that a mistake ... paper book dated 27.2.2005 has escaped the attention of the Tribunal. In view of this, it is a mistake apparent on record that has occurred in the order of the Tribunal on this issue. 8. So far as the profits on trucks is concerned, the Tribunal has directed the Assessing

Sh. Chattar Singh Tomar, Paonta Sahib vs. ITO, Nahan

ITA 51/CHANDI/2008[2002-03]Status: DisposedITAT Chandigarh23 May 2025AY 2002-03

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No. 51/Chandi/2008 (िनधा"रणवष" / Assessment Year: 2002-03) & 2. आयकरअपील सं. / Ita No. 52/Chandi/2008 (िनधा"रणवष" / Assessment Year: 2003-04) & 3. आयकरअपील सं. / Ita No. 53/Chandi/2008 (िनधा"रणवष" / Assessment Year: 2004-05) Shri Chattar Singh Tomar Ito बनाम/ Vs. (Rep. By Lh Shri Raghubir Singh) Nahan Vpo Kamrao, Tehsil Paonta Sahib, Hp "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abapt-2391-Q (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Ajay Dhiman (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Rohit Sharma (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 04-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 23-05-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals Are Recalled Matters. From The Case Records, It Emerges That The Assessee’S Appeals For Assessment Years (Ay) 1999-2000 To 2004-05 Were Disposed-Off By Tribunal Vide Ita Nos.48 To 53/Chandi/2008 Common Order Dated 07-07-2008. The Assessee

For Appellant: Shri Ajay Dhiman (Advocate) – Ld. ARFor Respondent: Shri Rohit Sharma (CIT) – Ld. DR
Section 153A

ignored the bills placed at pages 2 - 13 and 58 - 69 of the paper book dated 27.2.2008 and, therefore, has pleaded that a mistake apparent on record has occurred in arriving at the findings on this issue. 5. The next issue regarding which the assessee has pleaded that a mistake ... paper book dated 27.2.2005 has escaped the attention of the Tribunal. In view of this, it is a mistake apparent on record that has occurred in the order of the Tribunal on this issue. 8. So far as the profits on trucks is concerned, the Tribunal has directed the Assessing