Tag: petition u/s 154

Wrong penalty section mentioned in Assessment order can be rectified being mistake apparent on record when there is no debate in imposing penalty under rectified section. In a recent judgment, ITAT Ahmedabad has held that when section 271AAB was wrongly mentioned in Assessment order instead of Section 271AAC, …

When CIT(A) order to remand case to AO was set aside without interfering with direction to delete addition, order of AO did not automatically revive. In a recent judgment, Kolkata High Court has held that when High Court set aside CIT(A) order to remand the case but did …

The object of a procedure is to advance the cause of justice. Procedural law is not to be tyrant but a servant not an obstruction but an aid to justice – ITAT In a recent judgment, ITAT Agra has held that the object of prescribing procedure is to …

Notice of demand being part of assessment order is rectifiable u/s 154 of the Act for any apparent errors – ITAT In a recent judgment, the Patna ITAT has held that notice of demand is very much part of the assessment order and in case an error comes …

Rent receivable towards properties inherited from grandparents under will does not represent revenue receipt In a recent judgment ITAT Cochin has quashed rectification order under section 154 making addition towards rent receivable towards properties inherited by assessee from grandparents under will. ABCAUS Case Law Citation:4511 (2025) (04) abcaus.in …

AO can’t pass order u/s 154 making additions merely on the admission made by the assessee in application submitted before Settlement Commission. In a recent judgment, ITAT Jaipur has held that Assessing Officer (AO) can not pass order u/s 154 for making additions to the income relying on …

Without recalling earlier order, fresh rectification order u/s 154 can not be passed In a recent judgment, Allahabad High Court has quashed second rectification order u/s 154 which was passed without recalling the earlier order passed u/s 154 ABCAUS Case Law Citation:4409 (2025) (02) abcaus.in HC In the …

Validity of assessment u/s 144/147 can be challenged in rectification Petition u/s 154 – ITAT In a recent judgment, ITAT Mumbai has held that validity of assessment order u/s 144/147 can be challenged in rectification Petition u/s 154 when there is a mistake apparent from record but also …

CIT(A) directed to consider rectification application u/s 154 against CPC adjustment made u/s 143(1)(a) In a recent judgment, ITAT has directed CIT(A), NFAC to consider rectification application filed by assessee u/s 154 against CPC adjustment made u/s 143(1)(a). ABCAUS Case Law Citation:ABCAUS 3889 (2024) (03) ITAT In the …

ITAT allows exemption u/s 11 when audit report in Form 10B was uploaded but could not be approved due to technical glitch In a recent judgment ITAT has allowed the exemption u/s 11 when audit report in Form 10B was uploaded within due date but could not be …