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TMI Blog1985 (5) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... 10,000 on 16-3-1978 and Rs. 60 on 31-3-1978 after the statutory due date for payment of the instalment, The ITO by his order dated 19-11-1982 had allowed the interest of Rs. 28,345 under section 214 of the Income-tax Act, 1961 ('the Act'). Subsequently, he passed an order dated 24-1-1984 under section 154 of the Act rectifying his earlier order by withdrawing the interest allowed under section 214 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he above decision, the ITO had jurisdiction to pass the order under section 154 and he was bound to do so. 3. We have considered the submissions of the learned departmental representative. The question for consideration is whether the provisions of section 154 could be invoked in the instant case. The assessee has made the advance tax payments after the due dates but within the financial year. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... obvious and patent mistake and a decision on a debatable point of law is not a mistake apparent from the record. 4. The contention urged by the learned departmental representative is that since the decision of the Andhra Pradesh High Court in the case of Kangundi Industrial Works (P.) Ltd. is binding on the revenue authorities within the State of Andhra Pradesh, the ITO was justified in invokin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of law involved before it. They must consider the decisions of all the High Courts and if there is a divergence of judicial opinion on the question of law or two conceivable opinions are possible on it, they must hold that the mistake is not apparent from the record,... " There is no decision of the Andhra Pradesh High Court on this aspect. When two views are possible, the view favourable to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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