TMI Blog2010 (9) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... hey were domestic or electric appliances or it was a controversial question, rectification proceedings under Section 154 could not be initiated - ITO Vs. Volkart Brothers And Others [1971 -TMI - 6255 - SUPREME Court] - 64 OF 1993 - - - Dated:- 1-9-2010 - CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MS. JUSTICE REVA KHETRAPAL Ms. Prem Lata Bansal, Advocate A.K. SIKRI, J. (ORAL) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t asking the assessee to show cause as to why the investment allowance already allowed be not withdrawn, and ultimately the Assessing Officer passed the orders withdrawing it. In exercise of its power under Section 154 of the Act, in appeal CIT (A) held that the issue was debatable and hence action under Section 154 of the Act was not warranted. The ITAT has upheld the decision of the CIT (A). We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dian Income-tax Act, 1922 was applicable to the case of the first respondent is not free from doubt. Therefore the Income-tax Officer was not justified in thinking that on that question there can be no two opinions. It was not open to the Income-tax Officer to go into the true scope of the relevant provisions of the Act in a proceeding under Section 154 of the Income-tax Act, 1961. A mistake appar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e point of law is not a mistake apparent from the record-see Sidhramappa v. Commissioner of Income-tax, Bombay. The power of the officers mentioned in Section 154 of the Income-tax Act, 1961 to correct "any mistake apparent from the record" is undoubtedly not more than that of the High Court to entertain a writ petition on the basis of an "error apparent on the face of the record''. In this case i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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