TMI Blog1981 (9) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act and requested the ITO to reduce the total income by the amount of the purchase price. The ITO rejected his application on the ground that there was no mistake apparent from the record. On appeal, the AAC held that the ITO was not justified in rejecting the assessee's application and allowed the assessee's appeal. The AAC's attention was invited to this Tribunal's order dt. 17th Aug, 1979 in ITR No. 2269/Ahd/77-78 for the asst. yr. 1974-75. There, the Tribunal considered the question whether the purchase bill received in the calendar year 1973 could be taken into account for reducing the income of the assessee for the asst. yr. 1974-75. The Tribunal rejected the assessee's claim on the ground that the said bill related to the ear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be adopted for claiming refunds and reliefs." (Circular No. 14.(XL-35) of 1955 dt.11th April,1955). The High Court held that if the facts set out by the assessee in the rectification applications were already on the record of the ITO at the time of the original assessment, the assessee would be entitled to relief under s. 80J and in view of the circular it was obligatory on the part of the ITO to draw the attention of the assessee to the said relief. The High Court, however, held that since there was no material on record there was no error apparent from the record and hence the provisions of s. 154 could not be invoked in that case. 5. In the second case, the High Court again considered the aforesaid Circular. The High Court held th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as sought for by the assessee. According to the Court, an impression had been given to the Public Accounts Committee that the Government was anxious not to perpetrate injustice and swallow money of the tax payer merely because he had been a little lethargic and allowed its claim to be carried by limitation. 8. On a consideration of the foregoing, the resulting position comes to this (a) either the assessee succeeds under s. 154 or (b) there is some broad general principle, moral or otherwise, where under the assessee can get the relief of the claims. So far as (a) is concerned it has already been made clear that the assessee's claim does not come within the framework of s. 154. We have, therefore, to consider the second option (b). 9. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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