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2017 (3) TMI 437 - HC - Income TaxRectification of mistake - deduction under Section 80HHA and 80I of the Act on the gross profit - Held that:- There is no scope for interference with the orders of the Tribunal in these appeals. Though we have framed the question “whether a issue which is debatable could be corrected under Section 154 of the Act”, the same would not arise for consideration in the circumstances of the case. The issue was not debatable, as the same was decided in Motilal Pesticides India Private Limited vs. Commissioner of Income Tax, Delh [2000 (2) TMI 9 - SUPREME Court] wherein held that the assessee would be entitled to deduction under Section 80HH of the Income tax Act on the net profit and not on the gross profit. Though the Full Bench of this Court has decided the issue in the year 2009, the Hon'ble Supreme Court had decided the same way back in the year 2000 in the matter of Motilal Pesticides India Private Limited. Since the Assessing Officer had permitted the deduction under Section 80HHA and 80I of the Act on the gross profit, the Assessing Officer was justified in rectifying the mistake as permitting the deduction under Section 80HHA and 80I of the Act on the gross income was an error apparent on the face of record.
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