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M/s Seshasayee Paper & Boards Ltd. Versus The Deputy Commissioner of Income Tax

Applicability of Section 154 - Rectification of mistake - permissibility of computation of deduction under Section 80HHC - Held that:- No error can be said to be apparent on the face of the record, when it is not manifest or self-evident, but requires an examination or argument to establish it. Admittedly, the issue involved pertains to permissibility of computation of deduction under Section 80HHC of the Act, by excluding 90% of the gross lease income from the business profits. The issue admitt .....

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r the Appellant : Dr. Anita Sumanth For the Respondent : Mr. T R Senthilkumar JUDGMENT ( Judgment of the Court was delivered by S. Vimala, J. ) The appellant is a company, registered under the Companies Act, 1956. The assessee filed the return of income, declaring an income of ₹ 4,51,06,850/-, in respect of the Assessment Year 1998-1999. The assessment order was passed under Section 143 (3) of the Income Tax Act, 1961 (hereinafter referred to as "the Act"), on 19.03.2001. 2. In t .....

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ised the assessment order, dated 19.03.2001 and excluded 90% of the gross lease income, from the eligible profits of business, while determining the deduction under Section 80 HHC of the Act, on the ground that such exclusion has been upheld by the Commissioner of Income Tax (Appeals) for the earlier assessment year. 4. The assessee appealed to the Commissioner of Income Tax (Appeals), against the order, dated 27.06.2001 (under Section 154 of the Act) and the Commissioner dismissed the appeal. T .....

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stions of law:- "1. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in confirming the order dated 27.6.2001 passed under Section 154 of the Act by the Assessing Officer for the assessment year 1998/99? 2. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in not noting that Section 154 of the Act would have no application to the instant case?" 6. The main issue raised .....

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under that sub- section.] (1A) Where any matter has been considered and decided in any proceeding by way of appeal or revision relating to an order referred to in sub- section (1), the authority passing such order may, notwithstanding anything contained in any law for the,, time being in force, amend the order under that sub- section in relation to any matter other than the matter which has been so considered and decided.] (2) Subject to the other provisions of this section, the authority conce .....

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take must be apparent from the record, i.e. the mistake must be obvious, clear, and patent. 8. The Income Tax Appellate Tribunal is not a Court having plenary powers, but, the Tribunal which cannot function outside or de hors the Act. Once the Judgment or order is pronouced, the Tribunal or Adjudicating Authority becomes functus officio. Such judgments or orders cannot be changed or varied or modified. An exception is provided under Section 154 of the Act provided the conditions mentioned supra .....

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invoked; it is pointed out that, the issue pertains to computation of deduction under Section 80HHC of the Act, by excluding 90% of the gross lease income from the business profits and when the issue to be resolved involves determination of complicated facts and law, there is no justification to invoke the provisions of Section 154 of the Act. 9.1. The learned counsel for the Revenue would submit that the assessee cannot challenge the validity of the order passed invoking Section 154 of the Act, .....

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is no legal bar in raising this issue, raising the issue of jurisdiction, anew before this Court. 9.3. The learned counsel for the Revenue would submit that the issue to be considered by the Assessing Officer can be decided on mere looking and does not need long-drawn-out process of reasoning and therefore, the Assessing Officer is right in invoking Section 154 of the Act to rectify the mistake, which was apparent on the face of the record. In other words, it is contended that the mistake is pa .....

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at the right to recify mistakes under Section 154 could not be invoked in a case of mere change of opinion. A rectifiable mistake was a mistake which was obvious and not something which had to be established by a long drawn process of reasoning or where two options were possible. A decision on a debatable point of law could not be treated as a 'mistake apparent from the record'." (ii) (2007) 295 ITR 525 (Raj) (Commissioner of Income Tax v. Ram Kishan Leela):- "...Held, dismissi .....

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