Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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The crux pertains to the inclusion of sale value of old rubber trees in computing book profit u/s 115JB. The Kerala High Court had previously ruled against the assessee in its own case for prior years, holding that the sale value should be included while computing book profit. Although the assessee challenged this before the Supreme Court, the High Court's decision remains binding until set aside. Consequently, the Assessing Officer rightly invoked Section 154 to rectify the mistake of non-inclusion, as non-consideration of judicial precedents constitutes a valid ground for rectification u/s 154. The Tribunal dismissed the assessee's appeal, upholding the Assessing Officer's action, rendering other grounds raised by the assessee redundant.
The crux pertains to the inclusion of sale value of old rubber trees in computing book profit u/s 115JB. The Kerala High Court had previously ruled against the assessee in its own case for prior years, holding that the sale value should be included while computing book profit. Although the assessee challenged this before the Supreme Court, the High Court's decision remains binding until set aside. Consequently, the Assessing Officer rightly invoked Section 154 to rectify the mistake of non-inclusion, as non-consideration of judicial precedents constitutes a valid ground for rectification u/s 154. The Tribunal dismissed the assessee's appeal, upholding the Assessing Officer's action, rendering other grounds raised by the assessee redundant.
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