TMI Blog2018 (1) TMI 1694X X X X Extracts X X X X X X X X Extracts X X X X ..... scope of rectification permissible under section 154. As a matter of fact, there was a mistake in the return of income filed by the assessee in computing the tax payable on the income returned and adjustment for the same, therefore, was made by the Assessing Officer as per clause (b) of section 143(1). As rightly contended by the ld. D.R., all these aspects were duly taken into consideration by the Tribunal while dismissing the appeal of the assessee vide its order dated September 27, 2017 and there is no mistake much less a mistake apparent from record in the said order of the Tribunal. What the assessee is seeking by way of present Miscellaneous Application is nothing but a review of the decision taken by the Tribunal - Miscellaneous A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 54(1)(b)- amend any intimation or deemed intimation under sub-section (1) of section 143 . The word record is not confined to the Return only, The Act has used the word Record and not Return . Section 154 which confers jurisdiction for rectifying mistake enables the ITO to assume jurisdiction when he finds any mistake apparent from the record. The word Record as used in Sec. 154 will include all that materials which forms part of the assessment proceedings and not only the Returns. If it is apparent from the record of assessment that the assessee was entitled to a particular relief, the ITO can rectify that mistake u/s. 154 although not claimed by the assessee in the original Return. 2.3. That the Ld. Bench must be aware that the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght by the assessee was beyond the scope of section 143(1)(a) and, therefore, the said adjustment sought by the assessee by way of rectification under section 154 was rightly rejected by the Assessing Officer. He also contended that the issue on which the rectification was sought by the assessee, in any case, was highly debatable at the relevant time and the same, therefore, even otherwise was beyond the scope of section 154. He contended that all these aspects have been duly considered by the Tribunal while dismissing the appeal of the assessee vide its appellate order dated September 27, 2017 and there is no mistake apparent from record in the said order. 4. We have considered the rival submissions and also perused the relevant materia ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
