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1971 (5) TMI 27 - CALCUTTA HIGH COURTWhether Tribunal was right in holding that the ITO who had made the original assessment had not committed any glaring and obvious mistake of law while granting relief under section 49D (3) of the Indian Income-tax Act, 1922, and that accordingly the provisions of section 154 of the Income-tax Act, 1961, were not applicable to the case - If the issue is capable of two views, then it is not a mistake that could be rectified. In the present case, there was scope for argument. Therefore, it cannot be rectified under section 154.- further, rectification order is an appealable one - when issue is not raised before the Tribunal, High Court cannot consider the same – issue decided in favour of assessee
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