1989 (3) TMI 72

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....en referred to this court by the Tribunal under section 256(1) of the Income-tax Act, 1961 ("the Act"). "Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the mistake sought to be rectified by the Income-tax Officer was not a mistake which was apparent from the record within the meaning of section 154 of the Income-tax Act, 1961 ?" This refe....

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.... the Tribunal observed as follows: "We have considered the rival submissions of the representatives of the parties. Normal depreciation allowance is defined in the Explanation appended to the provision in sub-item No. (iii) relating to item No. III of Part I of Appendix 1. The view taken by the Income-tax Officer is not based on the interpretation of the Explanation as he has taken into conside....