TMI Blog2004 (12) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s "the Act'" for the opinion of this court: "(i) Whether, on the facts and in the circumstances of the case, the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... generator is allowable at 10 per cent, and it was wrongly allowed at 20 per cent. After serving the notice under section 154 of the Act the assessing authority rectified the earlier assessment order by allowing depreciation on generator at 10 per cent, in place of 20 per cent. In appeal, the Commissioner of Income-tax (Appeals) set aside the order passed under section 154 of the Act on the ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is well established that there should be a mistake apparent from the record. Firstly, there should be a mistake and secondly, it should be apparent from the record. The power conferred under section 154 is not a power of review. An assessing authority cannot be permitted to revise or review his earlier order. The question as to whether the generator is an electrical installation and, therefore, de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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