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2018 (4) TMI 434 - AT - Income TaxRectification of mistake - whether provisions of sec.80AC of the Act are mandatory or directory? - Held that:- Not making a reference to the decision of Delhi High Court in the case of M/s. Unitech Ltd. (2015 (10) TMI 950 - DELHI HIGH COURT) is neither a mistake apparent from the record nor does it cause any prejudice to the assessee. For the very same reasons not making a reference to the decisions of the Hon’ble Supreme Court in the case of Straw Board Manufacturing Ltd. (1989 (4) TMI 4 - SUPREME Court) and Poddar Cements Pvt. Ltd. (1997 (5) TMI 2 - SUPREME Court) by the Tribunal in it’s order does not give rise to any mistake apparent on the face of the order of the Tribunal as on the principle (a) a liberal construction should be put on the language of a statute when concessional rates are provided for encouraging an industrial activity and (b) when two interpretations are possible, the view in favour of the assessee has to be adopted. Both these decisions cannot be applied by the Tribunal to hold that provisions of sec.80AC of the Act are directory only, contrary to the decision of Hon’ble Calcutta High Court in the case of M/s Shelcon Properties (P)Ltd. (2015 (3) TMI 579 - CALCUTTA HIGH COURT). We are therefore of the view that there is no mistake apparent on the face of the record of the Tribunal.
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