https://www.taxtmi.com/caselaws?id=456898 ITAT Mumbai recalled its earlier order allowing assessee's appeal regarding disallowance of employees' contribution to superannuation fund under section 36(1)(va). The Tribunal had initially followed Ghatge Patil Transport Ltd. decision but Revenue sought rectification citing subsequent SC judgment in Checkmate Services Pvt. Ltd. upholding such disallowance. ITAT held that non-consideration of SC decisions constitutes mistake apparent from record rectifiable under section 254(2). Since SC decisions operate retrospectively, the Tribunal's order was recalled limited to ground no.22 for assessment year 2006-07. en-us Thu, 15 Jun 2023 00:00:00 +0530 Fri, 23 Aug 2024 20:33:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456898 ITAT Mumbai recalled its earlier order allowing assessee's appeal regarding disallowance of employees' contribution to superannuation fund under section 36(1)(va). The Tribunal had initially followed Ghatge Patil Transport Ltd. decision but Revenue sought rectification citing subsequent SC judgment in Checkmate Services Pvt. Ltd. upholding such disallowance. ITAT held that non-consideration of SC decisions constitutes mistake apparent from record rectifiable under section 254(2). Since SC decisions operate retrospectively, the Tribunal's order was recalled limited to ground no.22 for assessment year 2006-07. Case-Laws Income Tax Thu, 15 Jun 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456898