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2009 (3) TMI 472 - HC - Income TaxRectification of mistake- The assessee was assessed for the assessment year 1994-95 under section 143(3) of the Act. The Assessing officer found that the claim of the deduction under section 80-IA included a sum representing the export incentive received by the assessee. A notice under section 154 of the Act for rectification of mistake was issued and disallowed the deduction. The Commissioner (Appeals) set aside the order passed under section 154 of the Act. The Tribunal affirmed this, holding that the controversy decided by the Assessing Officer in rectification proceedings was a debatable issue. Held that- the Assessing Officer allowed the deduction at the time of passing the order under section 143(1A) of the Act and also at the time of passing the order under section 143(3) of the Act it was clearly a case of change of opinion. This could not be said to be a mistake apparent from the record and therefore, the provisions of section 154 of the Act, could not be invoked. The question as to whether the assessee was entitled for deduction or not, was a matter to be decided on the merit and could not be said to be an error apparent on record.
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