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2021 (4) TMI 766 - AT - Income TaxRectification u/s 154 - Deduction u/s 10B after adjustment of losses of other units owned by the assessee - as submitted that since the re-computation of deduction u/s 10B was as per CBDT Circular No. 7/2013 dated 16.07.2013, the action of the Assessing officer falls within the preview of Sec.154 - HELD THAT:- None appeared on behalf of the assessee. DR could not controvert that the issue on merit itself is covered in favour of the assessee by the Supreme Court in M/S YOKOGAWA INDIA LTD. [2016 (12) TMI 881 - SUPREME COURT] - Moreover as rightly pointed out by the learned CIT(A) this issue cannot be subject matter of order under section 154. As an order under section 154 can be passed only on a mistake apparent from record. By no stretch of imagination this issue can be said to be a mistake apparent from record. Appeal by the revenue stands dismissed.
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