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2014 (7) TMI 595 - AT - Income TaxRectification of order u/s 154 of the Act – Error apparent on record - Receipt from Serum institute taxable in India or not – Article 7 Indo-UK DTAA – Held that:- The proceedings u/s 154 has been initiated on the application filed by the assessee, pointing out the mistake in the quantum of the receipts taken in the original assessment order - the addition which has been made in the rectification proceedings u/s 154 cannot be sustained - in the quantum proceedings, the CIT(A) has held that no income has been received by the assessee, which is taxable in India and against this order no subsequent appeal has been preferred by the Department in this year - the addition made by the AO in the proceedings u/s 154 is highly debatable and is beyond the scope of rectification u/s 154 - an error which has to be established by a long drawn process of reasoning on points where there may be considerable two opinions, then it can hardly be said to be erroneous apparent on the face of the record – thus, there was no merit in the grounds raised by the Revenue. Interest u/s 234B of the Act – Held that:- CIT(A) has held that in the quantum order passed u/s 143(3), for the same assessment year, he has already held that levy of interest u/s 234B cannot be levied - this is beyond the scope of the proceedings under section 154, but also the same is covered in DIT v/s NGC Networks Asia LLC, [2009 (1) TMI 174 - BOMBAY HIGH COURT] - thus, there was no merit in the grounds raised by the Revenue – Decided against Revenue.
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