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 HC dismissed rectification under Section 254(2) sought to alter an ITAT order which had deleted a disallowance made in an intimation under Section 143(1) where the Assessee's belated deposit of employees' PF/ESI had been disallowed under Section 36(1)(va). The court held that a subsequent SC pronouncement cannot constitute a mistake apparent on the record for purposes of Section 254(2). Because the ITAT's original order conformed to the law as it existed when rendered, no error apparent on the face of the record existed to permit rectification; therefore the rectification invocation was barred.
The HC dismissed rectification under Section 254(2) sought to alter an ITAT order which had deleted a disallowance made in an intimation under Section 143(1) where the Assessee's belated deposit of employees' PF/ESI had been disallowed under Section 36(1)(va). The court held that a subsequent SC pronouncement cannot constitute a mistake apparent on the record for purposes of Section 254(2). Because the ITAT's original order conformed to the law as it existed when rendered, no error apparent on the face of the record existed to permit rectification; therefore the rectification invocation was barred.
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