TMI Blog2000 (10) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... pany, filed its returns of income showing loss of Rs. 54,055 and Rs. 1,14,945, respectively, in respect of incomes from (a) interest on securities, (b) house property, (c) business of running hotels at Agra and Kasauli and plying of taxis in U. P., (d) dividends, and (e) capital pins. The assessments were completed for the two years on December 31, 1971, and January 12, 1972, respectively. The computation of income for two years was done as follows : "1968-69 Rs. Rs. (a) Interest on securities 135 (b) Income from house property 21,817 (c) Business (loss) 89,313* (d) Income by way of dividends 59,435 Less : Deduction under s. 80M @ 50% 35,661 23,774 (e) Long-term capital gains 14,994 Balance loss to be set off 50,545** * Business loss of Rs. 90,030 set off by profit under s. 41(2) of Rs. 1,717. ** In the above calculation there was a mistake in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -------- 83,134 (e) Less : Business loss 78,139* -------- 4,995 Less : Dev. rebate 4,995** -------- Nil (f) Income from capital gains 14,994 * The figure is due to variation in the correct figure of depreciation (+Rs. 444 and exclusion (Rs. 16,335). Thus, the previous figure of Rs. 90,030 becomes Rs. 78,139. ** Balance of Development rebate of Rs. 11,360 (sic) is allowed to be carried forward 1969-70 Rs. (a) Interest on securities 143 (b) House property income 20,028 (c) Income from dividends 74,001** -------- 94,172 (d) Less : Business loss 1,04,723* --------- 10,551 (e) Profit under s. 41(2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 80M is a matter of pure arithmetic and calculation. Even, if some analysis of the provisions is called for in this regard, that does not affect the powers conferred under section 154 of the Act. A bare look at section 154 of the Act makes it clear that a "mistake apparent from the record" is rectifiable. In order to attract the application of section 154, the mistake must exist and the same must be apparent from the record. The power to rectify the mistake, however, does not cover cases where a revision or review of the order is intended. "Mistake" means to take or understand wrongly or inaccurately ; to make an error in interpreting ; it is an error ; a fault, a misunderstanding, a misconception. "Apparent" means visible; capable of being seen, obvious; plain. It means open to view, visible, evident, appears, appearing as real and true, conspicuous, manifest, obvious, seeming." A mistake which can be rectified under section 154 is one which is patent, which is obvious and whose discovery is not dependent on argument or elaboration. In our view amendment of an order does not mean obliteration of the order originally passed and its substitution by a new order. What ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ine in border areas is thin and indiscernible. It is something which a duly and judiciously instructed mind can find out from the record. In order to attract the power to rectify under section 154, it is not sufficient if there is merely a mistake in the order sought to be rectified. The mistake to be rectified must be one apparent from the record. A decision on a debatable point of law or a disputed question of fact is not a mistake apparent from the record. The plain meaning of the word "apparent" is that it must be something which appears to be so ex facie and it is incapable of argument or debate. It, therefore, follows that a decision on a debatable point of law or fact or failure to apply the law to a set of facts which remains to be investigated cannot be corrected by way of rectifications. On the facts of the present case, we find that there was no mistake apparent from the record which could be rectified under section 154 the Act. We find that as the Tribunal proceeded to deal with the matter as if it was dealing with an appeal regarding computation of income. It referred to various provisions to work out the details. It is to be noted that in the order under section 154 t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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