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2004 (12) TMI 22 - HC - Income Tax"(i) Whether Tribunal was legally correct in holding that the rectification of mistake relating to incorrect depreciation at 20 per cent, on electric installations and generator and bringing it to 10 per cent, was not correct as it relates to a debatable point and does not come within the purview of section 154 of the Income-tax Act, 1961? (ii) Whether, Tribunal was legally correct in holding that depreciation on electrical installations and generator was allowable at 20 per cent, instead of 10 per cent, under the Income-tax Rules, 1962?" - mistake in the original assessment order was not a mistake which could be rectified by invoking section 154. It was not a mistake apparent on the face of the record. At the most it was a case of error in the judgment or order. In the result, the mistake could not be rectified by invoking the provisions of section 154 of the Act by the assessing authority. - We answer question No. 1 in the affirmative i.e., in favour of the assessee and against the Department. In view of our finding on question No. 1, question No. 2 does not arise out of the order of the Tribunal
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