2011 (10) TMI 468

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.... Mrs. Manjula Chellur, J. - Appeal came to be admitted on the following substantial question of law:- "Whether in the facts and circumstances of the case the Tribunal was right in not following the finding given by it in the earlier proceedings in lTANo.389/BANG/07 for the very same assessment year in the case of the very same assessee on the very same issue and depart from its own findings ....

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....the Tribunal as per the order at Annexure-D, dated 8/6/2007. It is also pertinent to mention that in these proceedings, the appellate authorities held that the assessee ought to have challenged the orders of the Assessing Authority (suo moto proceedings) under Section 154 instead of filing an application under Section 154 seeking modification of the order of the Assessing Officer. Realising the mi....

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....ee by virtue of an order under Annexure-D. 5. The main contention of the respondent assessee in the appeal against the orders of the Assessing Officer under Section 154 was, the very purpose of invoking Section 154 would be lost if further details are called for from the respondent-assessee, as it does not amount to rectification of an error apparent on the face of record. According to him, if ....

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.... for the respondent assessee placed reliance in the case of T.S. Balaram, ITO v. Volkart Brothers [1971] 82 ITR 50 (SC). Their Lordship in this case while referring to Section 154 of Income Tax Act, regarding a mistake apparent on the record proceeded to hold that the mistake apparent on the record must be obvious and patent mistake and not something which can be established by a long drawn proces....