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2014 (7) TMI 305 - AT - Income TaxRectification of mistake u/s 154 - Appeal against the order u/s 154 rejected by the CIT(A) – Claim on inflated purchase – Held that:- The assessee may have a good case on merits, it is not a case of any mistake apparent on the record - a mistake is apparent on the record if no external help either on fact or in law is required to detect such mistake - If the mistakes require investigation into facts or determination of law or discussion of debatable points are involved or two opinions are possible on the issue then such pointed mistakes cannot be said to be mistakes apparent on record which can be rectified under section 154 of the Income Tax Act. - Decided against the assessee. Appeal before CIT(A) against order u/s 154 - condonation of delay - Held that:- The assessee was under the bonafide belief that the finding of the AO could be corrected/rectified u/s 154 of the Act - if a litigant is found pursuing a remedy under the wrong provision of the Act or the law under bonafide belief, which the courts ultimately found to be not maintainable under that provision or law and that the assessee should have pursued his remedy under another provision of the law, then the period consumed in pursuing such litigation under bonafide belief should be excluded for the purpose of calculation of limitation period, if the litigation chooses to pursue the remedy under the correct provision of the law - assessee is at liberty to approach to CIT(A) accordingly – present appeal dismissed - Decided against Assessee.
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