Rectification for mistake apparent from record failed where the dispute turned on factual appreciation, leaving no question of law.

Rectification under section 154 was found unwarranted because no error apparent from the record was shown in the assessment made with reference to section 115J. The Commissioner (Appeals) and the Tribunal treated the matter as one of factual appreciation rather than a debatable legal issue, and upheld cancellation of the rectification order. On that basis, the reference was answered for the assessee and no question of law was held to arise.

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Issues: Whether the Tribunal was justified in upholding the cancellation of the Assessing Officer's rectification order under section 154 of the Income-tax Act, 1961, and whether the reference disclosed any question of law.

Analysis: The assessment had been made with reference to section 115J of the Income-tax Act, 1961, and the Assessing Officer later invoked section 154 to rectify what was treated as a mistake. The Commissioner of Income-tax (Appeals) found that there was no error apparent from the record warranting rectification, and the Tribunal affirmed that view. On these findings, the controversy turned on appreciation of facts rather than on any debatable legal issue.

Conclusion: The reference was answered in favour of the assessee. The Tribunal's view was upheld and it was held that no question of law arose.

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