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| The Tax Publishers2020 TaxPub(DT) 5310 (Mum-Trib) INCOME TAX ACT, 1961
Section 254(2)
Since assessee had, in fact, made reference to the decision of the Apex Court in the case of Godrej & Boyce Manufacturing Company Limited [(2017) 394 ITR 449 (SC) : 2017 TaxPub(DT) 0968 (SC)] and the same had not been considered by this Tribunal while addressing the issue in dispute, this was a mistake apparent on record warranting rectification under section 254(2).
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Appeal (Tribunal) - Rectification under section 254(2) - Mistake apparent -
The question arose for consideration was whether non-consideration of the Supreme Court judgment would constitute a mistake apparent on record within the meaning of section 254(2). Held: Admittedly assessee had in fact made reference to the decision of the Apex Court in the case of Godrej & Boyce Manufacturing Company Limited (2017) 394 ITR 449 (SC) : 2017 TaxPub(DT) 968 (SC) and the same had not been considered by this Tribunal while addressing the issue in dispute. Hence, this was a mistake apparent on record warranting rectification under section 254(2).
Followed:Godrej & Boyce Manufacturing Company Limited [(2017) 394 ITR 449 (SC) : 2017 TaxPub(DT) 968 (SC)].
REFERRED :
FAVOUR : In favour of assessee.
A.Y. : 2008-09
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