CIT (Central) v. Johnson G. Ommen (2023) 459 ITR 147/ 154 taxmann.com 497 (Ker)(HC) Editorial: Johnson G. Ommen v. CIT (Central) (2023) 459 ITR 150 /295 Taxman 221 (SC), order of High Court is set aside.

S. 154 : Rectification of mistake-Mistake apparent from the record-Export business-Turnover-Amedment by the Taxation Laws (Amendment) Act, 2005 with retrospective effect from 1-4-1992-High Court set aside the order of the Tribunal-Matter remanded to the Tribunal. [S.80HHC(3), 143(1), 260A]

The assessees contested the rectification orders issued under section 154 on the ground that there was no mistake justifying rectification under section 154 consequent upon retrospective amendment to the relevant provisions of the Act. The Commissioner (Appeals) turned down the challenge against the validity of rectification orders issued. On appeal, the Tribunal allowed the appeals by holding that assessments could not be rectified based on retrospective amendment. On appeal by revenue, the High Court while considering the amendment to section 80-HHC(3) by the Taxation Laws (Amendment) Act, 2005 with retrospective effect from 1-4-1992 and the fact that the assessments pertained to the years 1999-2000 and 2000-2001, although the assessments and reassessments were completed, held that the power of rectification under section 154 was rightly exercised by the Assessing Officer. Therefore, the appeals filed by the revenue were allowed and consequently the matter were remanded to the Tribunal for reconsideration of the appeals on other grounds.  (AY. 1999-2000 2000-01)