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Issues: Application under section 256(2) of the Income-tax Act, 1961 regarding the rejection of affidavit and condonation of delay, jurisdiction of the Tribunal in admitting appeal without considering the delay, justification of allowing the appeal bypassing counsel's argument, and the validity of the Tribunal's decision based on various legal aspects.
Analysis: 1. The first issue raised in the application under section 256(2) of the Income-tax Act, 1961 questioned the Tribunal's justification in rejecting the affidavit and condoning the delay for the entire period, including the filing day. The Income-tax Officer initially directed to charge interest under section 139(8) but failed to do so. Subsequently, a rectification order was passed under section 154 to correct this mistake. The Tribunal justified its decision by stating that it was a simple case of rectification of mistake and no referable question of law arose from its order. 2. The second issue involved whether the Tribunal exceeded its jurisdiction by admitting the appeal without considering the delay of the last filing day, for which no formal petition was made. The Appellate Assistant Commissioner had deleted the penal interest imposed under section 139(8) based on debatable views, which the Tribunal found unwarranted. The Tribunal reversed the Appellate Assistant Commissioner's decision and restored the Income-tax Officer's order, emphasizing that the interest was directed to be charged by the Income-tax Officer, making it a mistake apparent from the record. 3. The third issue questioned the Tribunal's justification in allowing the appeal without considering the counsel's argument regarding fraud, framing charges under section 154, and the delegation of power by the Income-tax Officer. The Tribunal found no merit in the counsel's argument, stating that the interest was already ordered to be charged, and the rectification was merely correcting a calculation omission. The Tribunal reversed the Appellate Assistant Commissioner's decision, highlighting that it was a straightforward case of rectification and not a debatable legal issue. 4. The final issue revolved around the Tribunal's decision to allow the appeal based on various legal aspects, including the delegation of power by the Income-tax Officer, the reason for framing charges under section 154, and the alleged 'no objection' of the assessee. The Tribunal upheld its decision by emphasizing that the Income-tax Officer's initial direction to charge interest was a mistake apparent from the record, justifying the rectification under section 154. The Tribunal rejected the application, stating that no referable question of law arose from its order, and upheld its decision to reverse the Appellate Assistant Commissioner's ruling, restoring the Income-tax Officer's order. In conclusion, the High Court upheld the Tribunal's decision, emphasizing the rectification of a mistake apparent from the record and rejecting the application under section 256(2) of the Income-tax Act, 1961, as no referable question of law arose from the Tribunal's order.
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