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Sec. 154 rectification can be invoked in case order of assessment inconsistent with a binding precedent.
Case Law Details
- Case Name
- Hindustan Lever Limited Vs JCIT (Calcutta High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 1991-92,1992-93,1993-94
- Courts
- All High Courts, Calcutta High Court
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Hindustan Lever Limited Vs JCIT (Calcutta High Court)
Conclusion: Where an assessment order not in tuned with the law laid down by a binding precedent, it would amount to an error apparent on the record for the purpose of invoking rectification under section 154.
Held: In the instant case, department invoked provisions of section 154 in respect of the relevant assessment years on the basis of ratio laid down in 1994 Volume 206 Income Tax Report page 367 (Cal) (Appeejay Pvt. Ltd. v. Commissioner of Income-Tax) wherein it was held that the blending of different kinds of tea carried on by an ass...
