On basis of decision of Supreme Court Checkmate Services (P.) Ltd. v. CIT (2023) 290 Taxman 19 / 448 ITR 518 (SC) Revenue had preferred instant application for rectification of order of Tribunal under section 254(2) of the Act. Tribunal held that since employees’ contribution to superannuation fund was deposited after due date, following decision of Supreme Court in Checkmate Services (P.) Ltd. (supra), same was to be disallowed. (AY. 2006-07)
Jt. CIT (OSD) v. Reuters India (P.) Ltd. (2023) 202 ITD 247 (Mum) (Trib.)
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Non-consideration of decision of High Court or Supreme Court could said to be a mistake which could be rectified-Employees’ contribution to superannuation fund was deposited after due date-Rectification of Revenue is allowed.[S. 36(1)(va), 43B]