Brief of the case
In the case of KKJ Foundations vs. ADIT it was held by High court of Kerala that It is a settled proposition of law that rectification is a process by which a mistake is set at right. It thus means correcting an error which was apparent from record and not deciding the matter over and again on merits and that the rectified order does not supersede the original order but continues with the incorporated changes. Further, that the question raised for invoking Sec.154 of the Act was a question ought to have been raised in a regular appeal and the same has nothing to do with rectification of any mistake apparent from the record. The finding entered by the Assessing Authority was based clearly on facts which was susceptible to an appeal. Therefore, appeal filed by assessee is dismissed.
Facts of the case
1. The assessee is a Trust registered under Sec.12AA of the Income Tax Act, 1961 (hereinafter called “the Act”). Assessee filed its return of income for the assessment year 2006-07 on 31.10.2008, declaring nil return. Notice under Sec.143(2) was issued and since there was no response, notice under Sec.142 (1) of the Act was issued.
