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2016 (3) TMI 1452 - ITAT AHMEDABADRectification of mistake u/s 154 - Addition u/s.80E - incurring interest expense on the loan taken for the purpose of education for himself/herself or for their relatives - AO has observed that the education loan was taken by the married major son of the assessee, and therefore, cannot claim interest u/s 80E - HELD THAT:- The power of rectification under section 154 can be exercised only when the mistake, which is sought to be rectified, is an obvious patent mistake, which is apparent from the record and not a mistake, which is required to be established by arguments and long drawn process of reasoning on points, on which there may conceivably be two opinions. In the present case, before carrying out rectification as suggested by the AO one has to decide the nature of loan, who has taken the loan etc. It will require long drawn process of hearing. It is a debatable question. The assessee annexed form no.16 along with her return and shown the deduction under section 80E. This step must have been taken by the designated employer or by the assessee after due consideration of section 80E and loan documentation. Such stand can be dispelled after perusal of the loan documents and other details. It cannot be a subject matter of proceedings under section 154. Appeal of the assessee allowed.
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