TMI Blog2023 (9) TMI 498X X X X Extracts X X X X X X X X Extracts X X X X ..... s of Section 154 - HELD THAT:- We have perused the orders passed by the CIT(A) as well as the Tribunal who have arrived at concurrent findings of fact to the effect that there is no mistake apparent on record and when there are two views possible on the same facts, the Assessing Officer could not have invoked the provisions under Section 154 of the Act. When the Assessing Officer has accepted the contention of assessee while framing the regular assessment, there is no mistake apparent on record as rightly held by both CIT(A) and the Tribunal and therefore we are of the opinion that no question of law much less any substantial question of law arises from the impugned order passed by the Tribunal. - HONOURABLE MR. JUSTICE BIREN VAISHNA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ACIT vs. Saurashtra Kutch Stock Exchange Ltd. (2008) 173 Taxmann 322 (SC), wherein the Hon ble Apex Court noted that an error apparent on the face of the record cannot be defined exhaustively, there being an element of indefiniteness inherent in its very nature and must be left to the determined judicially on the facts of each case? 2. Facts of the case giving rise to the aforesaid questions can be summarized as under: (I) The assessee is an individual and was subjected to search and seizure under Section 132 of the Act dated 26.10.2010. During the course of such cash of Rs. 16,48,850/- was recovered from the premises of the assessee. (II) The Assessing Officer during the course of the regular assessment under Section 143( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0/-. The assessee being aggrieved, preferred appeal before the CIT(A) who by the order dated 28.12.2018 allowed the appeal of the assessee holding that as the Assessing Officer while passing the order under Section 143(3) of the Act, the contention of the assessee accepted and no addition was made and therefore there was no mistake apparent on record which can be rectified under Section 154 of the Act. 6. The CIT(A) also referred to the assessment order passed in the matter of M/s. M.K. Ceramics and came to the conclusion that in the said assessment order, income offered by the M/s. M.K. Ceramics to the tune of Rs. 75.90 lakhs was accepted after considering the unaccounted turnover disclosed in the return of income filed under Section 15 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d income of the firm was determined. The Tribunal therefore came to the conclusion that the Assessing Officer has committed an error by passing the order for rectification of the assessment order under the provisions of Section 154 of the Act and confirmed the order passed by the CIT(A) deleting such addition. 10. We have perused the orders passed by the CIT(A) as well as the Tribunal who have arrived at concurrent findings of fact to the effect that there is no mistake apparent on record and when there are two views possible on the same facts, the Assessing Officer could not have invoked the provisions under Section 154 of the Act. 11. Reliance placed by the learned advocate for the appellant on the decision of Madras High Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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