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    <title>2022 (6) TMI 1566 - ITAT BANGALORE</title>
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    <description>Rectification under section 154 could not be used to apply section 167B and charge tax at the maximum marginal rate where the members&#039; shares in the association&#039;s income were said to be indeterminate. Because section 167B required examination of whether the shares were indeterminate or unknown, and that issue had not been examined in the original assessment, the applicability of section 167B was treated as debatable rather than a mistake apparent from the record. The rectification was therefore held unsustainable, and the assessee succeeded.</description>
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      <description>Rectification under section 154 could not be used to apply section 167B and charge tax at the maximum marginal rate where the members&#039; shares in the association&#039;s income were said to be indeterminate. Because section 167B required examination of whether the shares were indeterminate or unknown, and that issue had not been examined in the original assessment, the applicability of section 167B was treated as debatable rather than a mistake apparent from the record. The rectification was therefore held unsustainable, and the assessee succeeded.</description>
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