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2008 (11) TMI 170 - KERALA HIGH COURTRectification of Mistake u/s 154 – An intimation was send u/s 143(1)(a) for acceptation of return filed by the assessee – thereafter regular assessment was done u/s 143(3) - Later, the Assessing Officer noticed that the intimations sent were incorrect inasmuch as adjustments towards prima facie inadmissible items, namely, disallowance under rules 6B, 6D and section 37(2A) were not made. Accordingly notice u/s 154(1)(b) issued for rectification – Tribunal has held that rectification can not be made under section 154 in the present situation – HC held that, Tribunal have misunderstood the facts and have not referred to the statutory provisions applicable at the relevant time – matter remanded to the tribunal for reconsideration after setting aside the order.
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