2000 (11) TMI 46

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....ue is: "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that this is a case of mistake sought to be rectified under section 13 whereas the Income-tax Officer has only treated it as giving effect to the Appellate Assistant Commissioner's order and applying rule 2?" The real question to be decided is as to whether the order made by the In....

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....s first assessment order dated February 28, 1970, had determined the capital as Rs. 1,54,74,296. While doing so, he had allowed the assessee's claim that the advance tax paid and the tax deducted at source are not to be deducted. He revised his view after the matter was sent back by the Appellate Assistant Commissioner and passed the second order on May 15, 1974, holding that those amounts should ....