2000 (11) TMI 60

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..... petitioner, a sea food exporter, stood completed overlooking the objections of the petitioner. Reliance had been placed on the principles laid down by the Appellate Tribunal in Baby Marine Eastern Exports' case. The petitioner submits that for the assessment year 1998-99, the addition of interest on fixed deposits had not been allowed, in spite of the legal position explained to the Tribunal. He s .....

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..... at the principles of natural justice stand violated. He ought to have been heard in the matter, and it was improper for the Assessing Officer not to advert to most relevant decisions of the Tribunal which had been placed before him. The question is whether there is justification for this court to interfere at this stage. The assessment orders are normally subjected to appeals at the instance of t .....

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..... y reason that the issue is debatable, proceedings under section 154 could not be taken. It is shown that errors in assessment due to non-inclusion of income from an entire source, or non-inclusion of certain items are not errors rectifiable under section 154 of the Act (see T. Manichavasagam Chettiar v. ITO [1958] 33 ITR 482 (Mad)). The mistake pointed out is not an apparent mistake, but only a po .....

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