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TMI Blog2023 (10) TMI 1475X X X X Extracts X X X X X X X X Extracts X X X X ..... he Revenue : Shri Nitin Patil, Addl.CIT-DR ORDER Per PARTHA SARATHI CHAUDHURY, JM: These Misc. Applications preferred by the Revenue emanates from the common order of the Tribunal in ITA Nos. 485, 514 & 515/PUN/2022, dated 02.02.2023 for A.Ys. 2017-18 to 2019-20. 2. The facts involved in all these matters are that Assessing Officer (AO) had made disallowance on the ground that assessee had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t before the due date u/sec. 139(1) of the Act. It was, thus, urged by the ld.DR that the orders earlier passed by the Tribunal granting the deduction required rectification and necessary amendment in view of the judgment of the Hon'ble Supreme Court (supra). 4. We observe that there is no dispute on the fact that the law prevalent at the time, when the Tribunal had passed the respective orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2008] 305 ITR 227 (SC) has held that any existing order in derogation of a subsequent binding judgment requires rectification. To be more specific, the Hon'ble Apex Court has held that 'If a subsequent decision alters the earlier one, it (the later decision) does not make new law. It only discovers the correct principle of law which has to be applied retrospectively. To put it differently, eve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ghest court in the state or the country, still the mistake could not be rectified for the reason that the decision is subsequent to the date of the order‟. Almost similar view has been taken in a Third Member decision by the Mumbai benches of the Tribunal in Kailashnath Malhotra v. JCIT [2009] 34 SOT 541 (TM) holding that non-consideration of a judgment of the Hon'ble Supreme Court or th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judicial forums and that shall be binding upon all the stakeholders of a particular case. In view of the above discussion, it is observed and held that the subsequent judgment of Hon'ble Supreme Court in Checkmate Services P. Ltd. (supra) denying the benefit of deduction has rendered the impugned order of the Tribunal erroneous, necessitating its rectification in terms of sec.254(2) of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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