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2019 (3) TMI 793 - ITAT COCHINRectification of mistake u/s 154 - mistake apparent from the record - rectification order passed by AO withdrawing the deduction towards 50% of receipts as exempt - Club did not maintain separate accounts for the receipts from members/non members and in those assessments - whether treatment of exempted 50% of taxable receipts was a mistake apparent from record - HELD THAT:- Contention of the Ld. DR cannot be accepted as it is a debatable issue. Under section 154 AO can rectify the mistake if it is a mistake apparent from record. It must be an obvious patent mistake and not something which can be established by a long process of reasoning on points on which there may be conceivable two different opinions and hence, it is a debatable issue. It was not a mistake apparent from record. Hence, rectification is not possible since in this case, the issue was taken up by the Assessing Officer in the proceedings u/s. 154 of the Act dated 03/06/2008 which is a debatable issue. AO is not justified in rectifying the mistake vide the impugned order. Accordingly, we quash the rectification order passed u/s. 154 . - decided in favour of assessee.
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