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2017 (6) TMI 539 - AT - Income TaxMAT application - scope of rectification of mistake - Held that:- The assessee explained before the AO that there is dispute with regard to the explanation sought from the assessee in the rectification notice and actual calculation made by the assessee as per law. Therefore, the AO, on long drawn process of reasoning should not have passed the order under section 154. The issue raised by the AO in proceeding under section 154 is highly debatable and requires the issue to be reconsidered by the AO about applicability of provision of section 115JB which was not raised by the AO in the original assessment proceeding. Therefore AO has no power to review his entire assessment order and to make certain additions in the order under section 154. The assessee has declared all particulars regarding computation and assessment to be framed under section 115JB. When the AO has consciously taken the view to frame regular assessment and made certain additions, AO is not empower to take contrary view to review entire assessment order already framed. It is against the spirit of provision of section 154 of the Act. The AO cannot be allowed to pass impugned order under section 154 on debatable issue. No justification for the AO to pass rectification order under section 154 of the Act to disturb the calculation under section 115JB of the Act, already considered. Appeal of the assessee is allowed.
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