Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights May 2024 Year 2024 This

Rectification application u/s 254 - Tribunal not followed the ...


Tribunal's Decision Overturned for Ignoring Precedent; Case Remanded for Correction Aligned with Higher Court Rulings.

May 4, 2024

Case Laws     Income Tax     HC

Rectification application u/s 254 - Tribunal not followed the decision on the identical facts by the Coordinate Bench which is confirmed by this Court - The Court emphasized the principle of judicial consistency and the hierarchical nature of judicial decisions, reiterating that lower tribunals are bound by the decisions of their supervisory jurisdictions. As such, ignoring these precedents constituted a mistake apparent from the record, necessitating a review and correction of the Tribunal's decision. The Court remanded the case back to the Tribunal, directing it to amend its decision in alignment with the precedents highlighted by the petitioner.

View Source

 


 

You may also like:

  1. The CESTAT ALLAHABAD ruled on the classification of Colour Television Sets in SKD condition, holding that incomplete parts cannot be classified as CTVs. The decision was...

  2. The assessing officer (AO) exceeded jurisdiction by reclassifying income as fees for technical services (FTS) instead of royalty, contrary to the limited remand order...

  3. It is true that the decision of the Tribunal is somewhat brief and it would have been desirable if the Tribunal had given more elaborate facts - however, that by itself...

  4. Deduction u/s 80IA - The Revenue contended that the filing of Form 10CCB within the prescribed date is mandatory, while the assessee argued otherwise. The Tribunal,...

  5. Computation of short term capital gain - allowable expenditure u/s. 48 - management fees - The Tribunal observed that there were contradictory decisions regarding the...

  6. LTCG OR STCG - Capital gain on sale of equity shares - period of holding of shares - There exists a clause for condition precedent to the sale which has to be fulfilled...

  7. The case involves timeliness of appeal filed u/s 85(3A) of Finance Act, 1994 before Commissioner (Appeals-II) and refund claim. The Appellate Tribunal found that the...

  8. Power of Tribunal when it disagree with earlier decision of Tribunal - there are only two methods to disagree is either the decision is per in-curium or the decision is...

  9. TP adjustment - re-characterization of functionality rejected, agreements relied upon for APA considered. APA applicability and comparables remanded to AO/TPO for fresh...

  10. Revocation of Customs Broker License - Overvaluation and misdeclaration with intent to claim drawback under section 75 of Customs Act, 1962 - The tribunal acknowledged...

  11. The Appellate Tribunal examined the classification of services provided by the appellant to overseas educational institutions, determining whether they constituted...

  12. Application u/s 7 dismissed without arguments addressed. Tribunal failed to adhere to the principle of hearing both parties before condemning. Order set aside, matter...

  13. Contrary decision passed by A.O. against remand back order of Tribunal - Decision of the tribunal is binding on the Assessing Officer and he cannot pick up a word or...

  14. CESTAT allowed conversion of shipping bills from DEEC scheme to drawback scheme, overturning the denial based on tariff classification dispute between CTH 6204 and 6104....

  15. The case pertains to the rectification of a mistake and reopening of assessment u/s 147 versus assessment u/s 153C. The information or seized document belonging to the...

 

Quick Updates:Latest Updates