1979 (10) TMI 54

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.... R. R. RASTOGI J.--The following question has been referred for our opinion : " Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the Income-tax Officer was not justified in law in invoking the provisions of section 154 and to make an order under that section withdrawing excess interest of Rs. 22,281 holding it to be a mistake apparent from t....

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....t and that it was a mistake apparent from the record, initiated proceedings under s. 154 of the Act. A notice was issued to the assessee and on receipt of its explanation the ITO modified the assessment order by withdrawing the excess interest allowed which came to Rs. 22,281. The assessee appealed and contended before the Assistant Commissio not that the ITO was not justified in reducing the a....

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....llate Tribunal ? This question was highly controversial and debatable. In the opinion of the Appellate Tribunal, the ITO could not treat it as a mistake apparent on the record liable to be rectified under s. 154 of the Act. Thus, the Tribunal confirmed the order of the Assistant Commissioner. After hearing counsel for the parties, we find that the question to which the Appellate Tribunal addres....