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2011 (7) TMI 97 - HC - Income TaxRectification of mistakes - Deduction u/s 80M - the actual expenditure made should be deducted and not a notional one based on average calculation - there was no material available on record to assess the actual expenditure made by the assessee and in the notice under Section 154 of the Act there is no particular of expenditure indicated which allegedly escaped the notice of the Assessing Officer - Provided further that no such rectification as has the effect of enhancing the assessment, penalty, fees or other dues shall be made unless reasonable opportunity of being heard has been given to the dealer or other person likely to be affected by such enhancement - Held that: there was no scope of rectification in the case on the ground of error apparent on the face of the record as the Assessing Officer even in his rectified order could not find out the actual expenditure for obtaining the dividend and calculated the same on the notional basis which is not permissible - in the present case, the Assessing Officer exceeded his authority in invoking Section 154 of the Act and the Tribunal below committed substantial error of law in affirming the unauthorised act of the Assessing Officer - Decided in favour of the assessee
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