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2014 (9) TMI 284 - HC - Income TaxRectification of mistake u/s 154 – Held that:- CIT(A) rightly observed that the assessee should have agitated such matter in an appeal against the original assessment order, which laws not done - What the AO has done in the order u/s 154 is correction of a simple totaling mistake - It is a mistake apparent from record, and it falls within the scope of S.154 - the Tribunal refused to address the question pertaining to the submission of reply on 02.04.1996, on the ground that it was raised for the first time before it - The observation cannot be sustained in law, since the Tribunal happens to be the final forum on facts, in the system of adjudication under the Act - The Tribunal ought to have addressed two aspects in this regard - There was no basis for it to refuse to deal with the question at all on the specious plea that the question was not raised before the Appellate Commissioner - the Appellate Commissioner did not record any finding to the effect that the appellant did not file any explanation - the order passed u/s 154 of the Act, the ITO has not only added the income from house and levied tax upon it, but also proceeded to levy the interest under Section 234-A, B & C of the Act, which is indeed phenomenal compared to the entire assessment – thus, the matter is remitted back to the ITO for fresh consideration – Decided in favour of assessee.
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