TMI Blog2004 (8) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... could be rectified under section 154? - we are satisfied that it is a clear case of a mistake apparent from the record which could have been rectified under section 154 of the Act. The assessee itself in the computation of Income had given the note requesting the Assessing Officer to consider the payment of interest under section 244(1A) which appears to have escaped the notice of the Assessing O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ating proceedings under section 154 and holding that there was a mistake apparent on the record which could be rectified under section 154 of the Income-tax Act? 2. Whether, in view of the fact that the amount received by the assessee-company by way of interest for the assessment years 1979-80 and 1980-81 was not taxed, could it not be said that the Income-tax Officer who initiated proceedings u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n given to the assessee about the amount of interest allowed on refunds adjusted." However, while making the assessment, the Assessing Officer omitted to include this amount in the total income of the assessee due to an oversight. He, therefore, issued a notice under section 154 of the Act for rectifying the mistake apparent from the record. In response thereto, the assessee in the written submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of the Assessing Officer in not adding the same to the total income. It was, thus, held that it was clearly a case of mistake apparent from the record and the provisions of section 154 of the Act had been correctly invoked. After hearing counsel for the parties and having perused the orders of the authorities below, we are satisfied that it is a clear case of a mistake apparent from the recor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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