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2007 (4) TMI 259 - HC - Income TaxRectification of mistake – apparent mistake of law and facts – u/s 154 – presumption of evidence – period of limitation - held that - Rectification under section 154 can only be made when a glaring mistake of fact or law committed by the officer passing the order becomes apparent from the record. Rectification is not possible if the question is debatable. Moreover, a point which was not examined on facts or in law cannot be dealt with as a mistake apparent from the record - there is a presumption embedded in the order of the CIT(A) that when he made the earlier order there was no evidence before him to show from the record that the assessment was saved by limitation because of the concealment by the assessee are based on correct appreciation of evidence on record - the notice under section 271(1)(c) was issued on March 13, 1975, i.e., after the limitation for final assessment had elapsed for normal cases, therefore, it cannot be said that the Assessing Officer was satisfied on the date on which normal limitation for assessment expired that the assessee had concealed his income
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