Section 154(2) — the law in short
What the courts have decided on section 154(2), in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Indus Finance Corporation Ltd v CIT
High CourtHelps department
The appeal has been decided against me. Can I now file a section 154 application raising the point I dropped in that appeal?
No. Section 154(1A) permits rectification only in relation to a matter OTHER than one considered and decided in appeal or revision, and the Madras High Court held that what is excluded from rectification is what has already been the subject matter of appeal. A point that was raised in the appeal and then abandoned is a new plea dressed up as a rectification, not a mistake apparent from the record, and a section 154 application is not a second chance at a plea you gave up.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.
