Under which of the following situations, the Appellate Tribunal can rectify the mistake in the order passed by it under Sec 254 (2) of Income Tax Act ? (a) If subsequent decision of the Supreme Court/High Court is available on the subject after the Appellate Tribunal’s order (b) If an assessee apply for rectification of the Tribunal’s order by raising fresh grounds before the Tribunal (c) If the omission or mistake is on the part of Appellate Tribunal (d) If the order is passed by the Appellate Tribunal under an erroneous impression of fact or law Codes :
(a), (c) and (d)
Section 254(2) allows the Appellate Tribunal, within the time allowed, to amend its order to rectify any mistake apparent from the record, on its own or when the mistake is brought to its notice by the assessee or the Assessing Officer.
(a) qualifies: courts have held (for example, CIT v. Saurashtra Kutch Stock Exchange Ltd., Supreme Court, 2008) that non-consideration of a jurisdictional High Court or Supreme Court decision, even one rendered after the Tribunal’s order, is a mistake apparent from the record.
(b) does not qualify: rectification is not a review or a fresh appeal, so the assessee cannot raise new grounds that were never before the Tribunal.
(c) qualifies: an omission or mistake committed by the Tribunal itself, such as failing to decide a ground raised, is rectifiable, since no party should suffer for the Tribunal’s own mistake.
(d) qualifies: an order passed under an erroneous impression of fact or law that is obvious on the record is a mistake apparent from the record.
So rectification is possible in situations (a), (c) and (d).
Hence, the answer is (a), (c) and (d).
Similar Questions
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(ii) It has limited scope compared to tax management.
(iii) The benefits arising from it are limited particularly in the short run.
(iv) Its main objective is to reduce the tax liability.
Codes :
Minimum Alternate Tax (MAT) is imposed on
In which of the following long term assets, cost indexation benefit is allowed ?
Long term capital loss can be set off from which of the following ?
In which of the following cases, income of previous year is assessable in the previous year itself ?
Match the following items of List – I and List – II and select the correct answer from the codes given below :
List – I (Sections) List – II (Maximum Deduction) a. Section 80C of I.T. Act i. ₹ 10,000 b. Section 80D of I.T. Act ii. ₹ 40,000 c. Section 80 DDB of I.T. Act iii. ₹ 1,00,000 d. Section 80 TTA of I.T. Act iv. ₹ 15,000 Codes :
a b c d
Which one of the following is not an example of tax evasion?
Important Questions from Income-tax
Tax audit is compulsory in the case of a person carrying on profession and whose gross receipts exceeds which one of the following?
Which are the appropriate tax planning perspectives in case of shutdown or continued decision under the Income Tax Act, of 1961?
A. Business loss and unabsorbed depreciation can be carried forward and set off against profit and gain.
B. The loss-making company and profit-making company may merge to avail of the tax benefit
C. Tax benefit of deduction u/s 33 AB and 115 VT may be withdrawn and liable to tax for the year in which the business is discontinued.
D. The condition of section 80 IB / 80 IC of the Act, a deduction is allowed for such undertaking
E. If a person has more than one business, the loss-making business may not be discontinued.
Choose the most appropriate answer from the options given below:
Which of the following is NOT a change of the new Income Tax bill introduced in the Parliament during February 2025?
What is the basic difference in the aggregates at market price and factor cost?
The ratio of income and expenditure is 9:5. Income increases by 40% and expenditure decreases by 10%. If the initial income is ₹45,000 then the final saving (in ₹) is:
