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May 2025

Appeal to Appellate Tribunal — Powers of Appellate Tribunal — Power to rectify mistakes in its order — Failure to follow law laid down by jurisdictional High Court — Mistake to be rectified — Matter remanded to Tribunal: Precedent — Decision of High Court — Binding on all income-tax authorities under its jurisdiction:

By Keshav Bhujle | Ritu Punjabi, Advocates
Reading Time 3 mins

7. Uttar Gujarat Vij Co. Ltd. vs. ITO:

[2025] 473 ITR 729 (Guj):

A. Y. 2010-11, 2012-13 to 2014-15:

Date of order 1st April, 2024:

S. 254 of ITA 1961

Appeal to Appellate Tribunal — Powers of Appellate Tribunal — Power to rectify mistakes in its order — Failure to follow law laid down by jurisdictional High Court — Mistake to be rectified — Matter remanded to Tribunal:

Precedent — Decision of High Court — Binding on all income-tax authorities under its jurisdiction:

The petitioner-company is owned by the Government of Gujarat and carrying on business of distribution of electricity. For the A. Y. 2013-14, the petitioner filed return of income on 30th September, 2013 declaring the total income at ₹nil after claiming set-off of brought forward business loss and unabsorbed depreciation. The case of the petitioner was selected for scrutiny assessment by issuing notice dated 4th September, 2014 u/s. 143(2) of the Income-tax Act, 1961 and final assessment order was passed u/s. 143(3) of the Act on 29th December, 2016. The

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