TMI Blog2001 (8) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... rthermore, the petitioner has contended that the exercise of power by the said authorities and to assume jurisdiction is a condition precedent and having not been satisfied the requirements of law which has not been fulfilled the same. The notice is issued and the proceedings initiated for rectification of mistake are invalid, illegal and arbitrary. It is further contended that the notice has been issued without application of mind. It is further contended that the mistake as alleged, apparent on the record is not an obvious and patent mistake, but something which can be established by a long drawn process of reasoning on points on which there may be conceivably two opinions and a decision of respondent No. 1 is debatable on a point of l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment proceeding. He further submitted that since the assessments were completed and since the auditor's comment was not specific, the amount becomes prima facie inadmissible and thus the said notice was issued in good faith. The initiation of the proceeding under section 154 of the Act was to bring on record that the amounts mentioned by the auditors were admissible in law. So, the action was bona fide and legal. The notice under section 154 of the Act called for written submission of the petitioner. He also contended that on January 7, 1994, the petitioner filed an objection to the said notice under section 154 of the Act and the petitioner filed an adjournment application praying for some time and the Assessing Officer granted the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cordingly, in my opinion, it would be proper for me not to interfere in the matter at this stage since it appears to me that the notice was issued by the respondents to the petitioner only for the purpose of initiating the rectification proceeding. In my opinion, there is no irregularity and/or illegality in issuance of the said notice. The petitioner has ample opportunity to appear before the said authorities and to place his facts before the said authorities. Therefore, I do not wish to interfere in the matter at this stage and I direct the petitioner to appear before the said authorities and the authorities after giving a hearing to the petitioner shall pass a reasoned order in accordance with law preferably within 8 (eight) weeks from t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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