TMI Blog2001 (2) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... in short, "the Act"). The assessee had filed its return for the assessment year 1989-90. Anintimation under section 143(1)(a) of the Act had been issued to it. Subsequently action under section 154 of the Act was initiated on the ground that in view of the retrospective amendment of section 28(iii)(b) by the Finance Act, 1990, operative with retrospective effect, the assessee's claimfor deductio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave considered the rival submissions and materials on the file. We are of the view that the action of the Assessing Officer, in revising the deduction under section 80HHC by the impugned order under section154 was not proper and valid. On the facts and in the circumstances of the case, the reduction in the claim under section 80HHC could not have been made by the way of prima facie adjustment unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is permissible in respect of a provision, which changes the taxability situation and is introduced with retrospective effect. Learned counsel for the assessee, on the other hand, submitted that all the requisite information were supplied and, therefore, there was no scope for taking resort to section 154 of the Act. We find that the Tribunal has proceeded on the basis that the issue which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act 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". (See T. S. Balaram, ITO v. Volkart Bros. [1971] 82 ITR 50 (SC)). That being the position, the Tribunal's conclusion that the matter could be taken up in a regular proceeding and not under section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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