TMI Blog1978 (4) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... turn of income on June 25, 1968. For all these years, a consolidated assessment order was passed on March 13, 1969. In the normal course, the assessee received demand notices for each assessment year. The demand notices included certain amounts charged by way of interest for the delay in filing the return. The assessee filed an application for rectification under section 154 of the Income-tax Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... visions of section 154 of the Income-tax Act, were argued, but the Tribunal did not think it fit to go into these questions. In this view the controversy in the case boils down to the question whether the application filed by the assessee under section 154 of the Act was competent. The question was whether interest was chargeable under the third provision of section 139(1) in case the assessee had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record, the Tribunal held that an application under section 154 of the Act was rightly rejected. The appeal filed by the revenue was allowed. At the instance of the assessee, the Tribunal has referred the following question of law for our opinion : " Whether the Appellate Tribunal was, in the facts and circumstances of the case, justified in holding that the matter of charging interest under s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence of opinion, can be said to be a point on which if a particular view has been taken by the officer, there is an error apparent from the record. In T. S. Balaram, Income-tax Officer v. Volkart Brothers [1971] 82 ITR 50, the Supreme Court laid down the principle that a mistake apparent on the the record, must be an obvious and patent mistake and not something which can be established by a long d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of opinion between the various High Courts in the country. The question was clearly a debatable one. In view of the principle laid down by our own High Court it cannot be said that there was an error apparent from the record, because the Income-tax Officer charged interest even though the assessee had not applied for extension of time in filing the return. Under the circumstances, we answer the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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