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2018 (4) TMI 1947 - ITAT MUMBAIRectification of mistake u/s 154 - deduction u/s 88E in respect of security transaction tax paid - debatable issue - HELD THAT:- We find merit in the contention of the Ld. A.R. that the provision of section 154 of the Act should be resorted in order to rectify an apparent mistake but not the issues which are debatable one. We find from the records before us that during the year assessee has paid STT of Rs.Rs.45,18,667/- whereas the rebate was claimed only to the extent of Rs.35,68,713/- on its own. In our opinion, there is no mistake apparent on the face of the order passed by CIT(A) on the basis of which the AO concluded that the rebate under section 88E is wrongly allowed in respect of 4 items of income as have been stated above. In our opinion, the issue sought to be rectified under section 154 was debatable and not apparently wrong. We are of the view that the order passed by Ld. CIT(A) upholding the order passed by AO under section 154 of the Act is wrong and can not be sustained.
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