Case Law Details
Lakshmi Card Clothing Mfg. Co. (P.) Ltd. Vs DCIT (Madras High Court)
Facts of the case clearly show that the assessee did not make any claim for deduction under Section 80-I of the Act, for the relevant assessment year. Secondly, as pointed out by us in the preceding paragraph, while discussing about the applicability of the decision in Chokshi Metal Refinery, if the interpretation sought to be given by the assessee is to be accepted, then it would mean that the Assessing Officer should virtually sit in the office of the assessee and help the assessee file the return. Nowhere under the provisions of the Act such a procedure is contemplated and it is for the assessee to file his return. Apart from that the power under Section 154 of the Act is exercisable only when the mistake is manifest and could be identified by a mere look, which does not need a long drawn out process of reasoning and a mere mistake by itself cannot be a ground to invoke Section 154 of the Act (Lakshmi Vilas Bank). The assessee has not been able to satisfy this Court that what has been pointed out in the petition dated 22.04.1996 under Section 154 of the Act, is a mistake, which is apparent from the record. It is not a mistake which could be identified by a mere look, since there was no claim made by the assessee for deduction under Section 80-I of the Act.
FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT
This Tax Case Appal by the assesses under Section 260-A of the Income Tax Act, 1961 (the ‘Act’ for brevity) is directed against the order passed by the Income Tax Appellate Tribunal, Chennai-D Bench (‘Tribunal’ for brevity) in ITA No.1606/Mds/2006, dated 07.01.2008, for the assessment year 1994-95.
2.This Appeal was admitted by order dated 16.7.2008, on the following Substantial Questions of Law.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
