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2010 (1) TMI 192 - HC - Income TaxRectification of mistake- The assessee is a partnership firm and was carrying on lottery business. There was a search and seizure operation on October 17, 1994, the assessee filed a return of income disclosing the income of Rs. 18,17,420. Initially the assessment was made under section 143(1)(a) and thereafter a fresh assessment order was passed on December 27/30, 1996, on an income of Rs. 1,43,56,729 in addition to income of Rs. 45,737 from winnings from lottery under section 115BB of the Act. The assessee filed appeal before the first appellate authority disputing the quantum of assessment and also the liability of interest under sections 234B and 234C of the Act. The Commissioner of Income-tax (Appeals) set aside the order and this was upheld by the Tribunal. Held that- dismissing the appeal, that after the issue of the certificate in the Kar Vivad Samadhan Scheme under section 90 of the Act. the assessing authority had no authority to sit over the certificate. The rectification was not permissible.
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