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Decision on a debatable point of law is not a apparent mistake & cannot be rectified u/s 154
Case Law Details
- Case Name
- DCIT Vs Loknath Pd. Gupta (ITAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All ITAT, ITAT Kolkata
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Brief of the case:
Assessee claimed deductions on account of excise duty paid and interest thereon which was originally allowed by AO but subsequently rectified u/s 154 by making addition of the same. ITAT examined the facts and circumstances of the case and held that decision on a debatable point of law is not a mistake apparent from record and cannot rectified u/s 154.
Facts of the case:
Assessee filed return of income at loss Rs.29,09,33,405/- which was selected for scrutiny.
An assessment was completed under section 143(3) allowing the claim of the assessee in respect of payments made for...




