Rectification of Mistakes::

Court :
Tribunal

Brief :
Held that failure to consider vital facts brought on record and ommission to consider decisions of various courts will constitute a a mistake apparent from record. Hence, Tribunal can rectify the mistakes u/s 254(2).

Citation :
Golden Meadows Properties (p) Ltd. Vs. ITO

Rectification of Mistakes Golden Meadows Properties (p) Ltd. Vs. ITO 4/13/2005 M.A. No.218 (MUM.) of 2003 Case Fact: Whether power of rectificaton u/s 254(2) can be used by tribunal on grounds of non-consideration of vital facts brought on records and arguments made and decisions cited by the assessee. Decision: Held that failure to consider vital facts brought on record and ommission to consider decisions of various courts will constitute a a mistake apparent from record. Hence, Tribunal can rectify the mistakes u/s 254(2).

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Judgement posted by

CA.Saibaburao Nanduri

Chartered Accountant

I am a commerce graduarte of Andhra University. Studied at HINDU COLLEGE, Guntur. Became FCA and started Practice under the name and style of M/s SAIBABU RAO CO I became Chairman of CA Institute, Guntur Branch, during the year 2008-09 My post qualifications are: Information Systems Audit DISA (ICAI) ... Read more

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