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2012 (11) TMI 500 - AT - Income TaxRegistration u/s 12AA - CIT granted registration from A.Y 2009-10 and not from A.Y 2007-08 - rectification application filled by assessee against CIT(A)'s order - Held that:- A bare perusal of the provisions of section 154 clearly reveals that mistake apparent from record must be obvious and patent mistake and not something which can be established by a long drawn process of reasoning, on points on which there may be conceivably two opinions. A decision on merit on a debatable issue does not constitute mistake apparent from record u/s 154 as confirmed in T.S. Balaram, ITO v. Volkart Bros.[1971 (8) TMI 3 - SUPREME COURT]. The assessee or the revenue is not entitled to seek review and reversal of the issues decided, in the order, on merit, in the guise of rectification application u/s 154. In the present case there does not exist rectifiable mistake in the impugned order of the CIT, thus the provisions of section 154 cannot be invoked. The rectification application of the appellant has been rightly rejected by the CIT, as the issue has been considered and decided by him in consonance with the fact situation and the provisions of section 12A(2) r.w. second proviso to Section 12A(1)and its sub-clause (aa). A drastic amendment has been made curbing the power of condonation for registration covering the past years by addition of a proviso and sub-clause (aa) to Section 12A(1)(ii) and substitution clause (b) in the proviso w.e.f. 1.6.2007 by the Finance Act, 2007. Any application filed on or after 1.6.2007 is entitled to registration only for the F.Y during which registration is filed. Further, no merit in the appeal filed by the assessee, as the CIT has granted registration u/s 12AA w.e.f. A.Y 2009-10, having regard to the fresh application dated 14.4.2008, filed by the appellant. The issue involved in the rectification application filed by the assessee, before the CIT(A) is highly debatable much less the mistake apparent from record - Also the condonation of delay application of the assessee is dismissed in absence of proving 'sufficient cause' - against assessee.
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