Rectification

The omission to apply the judgment of the Supreme Court is a glaring and obvious mistake of law which can be corrected under s 154 — as held by DelHC in CIT v Satish Kumar Agarwal — In favour of: The revenue.

Non-consideration of the judgment of the Supreme Court and non-application of the ratio of the said judgment to the facts of the present case, with reference to the claim of the assessee under s 80HHC, is a glaring, patent and obvious mistake of the law which can be rectified by resorting to s 154 of the Act.

Decided on: 8 November 2011.