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2015 (10) TMI 821 - MADRAS HIGH COURT

2015 (10) TMI 821 - MADRAS HIGH COURT - TMI - Rectification of mistake - withdrawing the deduction allowed in terms of Section 80 HHC of the Act by the Assessing Officer in the order passed in terms of Section 154 - According to the Assessing Officer, the mistake was on the part of the assessee in not filing an auditor's certificate at the time of filing of the return. But, according to the assessee, in his reply to the notice under Section 263, the mistake was on the part of the Assessing Offic .....

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not be in tune with the Scheme of Sub-section (2) of Section 154.

Mistakes can be of several kinds. An omission to produce the record is as much a mistake as an omission to take note of a record. Therefore, the Tribunal as well as the Commissioner were wrong in presuming that the case would not fall under Section 154. Hence, the questions of law are answered in favour of the assessee. - Tax Case Appeal No. 1177 of 2005 - Dated:- 30-9-2015 - V. Ramasubramanian And T. Mathivanan, JJ. F .....

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e re-produced. Hence, it is re-produced as follows: "1. Whether the Tribunal is correct in concluding that the assumption of jurisdiction by the respondent was correct for withdrawing the deduction allowed in terms of Section 80 HHC of the Act by the Assessing Officer in the order passed in terms of Section 154 of the Act? 2. Whether the Tribunal is correct in concluding that filing of the audit report in the proceedings in terms of Section 154 of the Act would be fatal to the claim of the .....

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tificate. Therefore, the claim of the appellant under Section 80HHC of the Act was disallowed by the Assessing Officer. 4. Therefore, the appellant filed a petition on 11.6.1998 under Section 154 of the Act, enclosing the auditor's certificate. The revision was allowed by the Assessing Officer by an order dated 25.3.1999, holding the non production of the certificate to be a technical mistake in nature. 5. Thereafter, the Commissioner of Income Tax issued a proposal on 03.3.2000 under Sectio .....

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Appellate Tribunal. But, by an order dated 15.7.2005, the Tribunal dismissed the appeal forcing the assessee to come up with the above tax case appeal. 7. A careful look at Sub-sections (1) and (2) of Section 154 would show that the Original Authority is conferred with two types of powers to make an amendment. The first type of power is to make an amendment suo motu. The second type of power is to order an amendment whenever any mistake is brought to his notice either by the assessee or by the d .....

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