2002 (11) TMI 283

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....r. 1992-93 and is directed against the order of CIT(A), Udaipur, dt. 2nd Jan., 1995. 4. WTA No. 93/Jp/1995 is an appeal by assessee Ravi Singhal for asst. yr. 1992-93 and is directed against the order of CIT(A), Udaipur, dt. 2nd Jan., 1995. 5. We have heard the arguments of both the sides and also perused the records. 6. The assessee-appellants have raised common ground in all the three appeals and the common ground disputes the learned CIT(A)'s rejection of assessee's rectification petition filed under s. 35 by AO. The learned authorised representative of assessee has contended that the interest under s. 17B is chargeable on the amount of tax payable on the net wealth of assessee. He has contended that when full tax has been paid ....

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....hat the mistake being apparent from record deserves to be rectified. He has also contended that at the relevant time, there was no other judgment of any other High Court, and so the aforesaid decision of Hon'ble Delhi High Court was binding and the matter could not have been stated to have been debatable/arguable. He has, in this regard, also relied on CIT vs. Purtabpore Co. Ltd. (1986) 54 CTR (Cal) 169 : (1986) 159 ITR 362 (Cal) and CIT vs. Smt. Godavari Devi Saraf (1978) 113 ITR 589 (Bom). As against this, the learned Departmental Representative of Revenue has contended that the assessee had filed a petition for rectification under s. 35 of the WT Act seeking the rectification of AO's assessment order to the effect that the interest under....