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TMI Blog2011 (10) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... litigation to arrive at the conclusion after obtaining the details from the respondent-assessee, which is very much against the Provision of Section 154 as laid down in the case of T.S. Balaram, ITO v. Volkart Brothers [1971 -TMI - 6255 - SUPREME Court]. Therefore, there was no obvious and patent mistake on the face of record, which compelled the AO to initiate the proceedings u/s 154 - Decided in favor of the assessee - IT Appeal NO. 5064 OF 2010 - - - Dated:- 28-10-2011 - Mrs. MANJULA CHELLUR AND SUBHASH B. ADI, JJ. Y.V. Raviraj for the Appellant. A. Shankar for the Respondent. JUDGMENT Mrs. Manjula Chellur, J. Appeal came to be admitted on the following substantial question of law:- "Whether in the facts and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve filed an appeal challenging orders of the Assessing Officer dated 20/12/2005. 3. The first Appellate Authority though condoned the delay of more than 3 years in filing the appeal, however, rejected the claim of the assessee. Hence, the assessee went in an appeal before the Tribunal. The Tribunal held the controversy in favour of the assessee. Therefore, the revenue is before us challenging the orders of the Tribunal. 4. According to the learned counsel for the revenue the Tribunal having rejected the applications filed under Section 154 at the instance of the assessee and having rejected the claim made by the assessee, both by CIT (Appeals) and also the Tribunal, there was no justification for the Tribunal to give the benefit to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... take apparent on the record must be obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may be conceivably two opinions. They further held that a decision on a debatable point of law is not a mistake apparent from the record. 8. We are concerned with the first part of law laid down by the Apex Court i.e. whether there was an obvious and patent mistake on the face of record, which compelled the Assessing Officer to initiate the proceedings under Section 154 of the Act. The very fact that the Assessing Officer called upon the respondent assessee to furnish the details of Rs. 28,10,000/- towards the payments made by them to the Sales Tax Department to substan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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