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2012 (7) TMI 73 - HC - Income TaxMaintainability of application for rectification u/s 154, when the matter has been considered and decided in any proceeding by way of appeal or revision - availability of deduction u/s 35D - matter had been considered and dropped in proceedings initiated u/s 263 - reassessment order u/s 147, dis-allowing deduction had been invalidated on ground of change in opinion - Held that:- Issue of availability of deduction u/s 35D(2)(iv) in the facts of the present case is a matter of opinion depending upon the exact nature of the issue, which had been subject matter of appeal and the same has been considered and decided by the Appellate Authorities. Consequently, no rectification proceeding would lie in such a case in view of Sub Section 1(A) to Section 154. Also, it becomes debatable even on questions of fact and therefore outside the purview of Section 154 as it is not a mistake apparent from the record.
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