If an order is passed without taking note of the materials on record and subsequently, if it is brought to the notice of the Income-tax Authority under section 154, it would be open for the Income-tax Authority to rectify such mistake apparent from the record. Thus, DRP on consideration of material which were not considered earlier has come to the conclusion that it is a case to exclude trade discounts as well as discount warranty expenses and packing expenses from the ambit of advertisement and marketing and promotion expenses for the purpose of transfer pricing comparison, DRP is justified in assuming jurisdiction under section 154 to rectify the earlier direction.(AY.2010-11)
PCIT v. Stanley Black and Decker India Ltd. (2024) 301 Taxman 145 (Karn.)(HC)
S. 144C: Reference to dispute resolution panel-DRP has power to rectify its directions under section 154 of the Act.[S.154, 260A]