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TMI Blog2015 (9) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... llowed the appeal filed by the Revenue and held that there was no mistake apparent from the record in the order of the Assessing Officer so as to seek rectification under Sec.154 of the Income Tax Act. 2. Brief facts required for the disposal of the appeal are as follows: 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. In response to the same, assessee appeared and produced the books of accounts and other relevant documents called for. Even though opportunity wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer. 5. Aggrieved by the order passed by the Assessing Officer, the appellant preferred appeal before the Commissioner of Income Tax (Appeals) and by Annexure-C order, the Commissioner allowed the appeal partly and held that the treatment of Rs. 1,00,00,000/- as corpus donation in the hands of the assessee, since the trustee has given letter of consent that the amount of loan earlier given should be treated as corpus donation, this amount that was converted from loan account to corpus donations even though by way of book entry would fall in the category of voluntary contributions as envisaged under Sec.11(1)(d) of the Income Tax Act and hence should not be included in the total income or receipts of the assessee. Since the so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd any order passed by it under the provisions of this Act; (b) amend any intimation or deemed intimation under sub-section (1) of section 143; (c) amend any intimation under sub-section (1) of section 200A. (1A) Where any matter has been considered and decided in any proceeding by way of appeal or revision relating to an order referred to in sub-section (1), the authority passing such order may, notwithstanding anything contained in any law for the time being in force, amend the order under that sub-section in relation to any matter other than the matter which has been so considered and decided. (2) Subject to the other provisions of this section, the authority concerned- (a) may make an amendment under sub-section (1) of its own moti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 155 or sub-section (4) of section 186, no amendment under this section shall be made after the expiry of four years (from the end of the financial year in which the order sought to be amended was passed). (8) Without prejudice to the provisions of sub- section (7), where an application for amendment under this section is made by the assessee (or by the deductor) on or after the 1st day of June, 2001 to an income tax authority referred to in sub-section (1), the authority shall pass an order, within a period of six months from the end of the month in which the application is received by it,-- (a) making the amendment; or (b) refusing to allow the claim." 9. On a reading of Sec.154, what we could gather is that rectification is p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, it was held that the word "apparent" must be something which appears to be so ex facie and it is incapable of argument or debate and therefore it follows that a decision on a debatable point of law or fact or failure to apply the law to a set of facts which remains to be investigated cannot be corrected by way of rectification. Therefore, according to us, the said judgment would not render any assistance to the arguments advanced by the learned counsel for the appellant. 11. In our view, the power conferred under Sec.154 is something akin to the power of review conferred on a Civil Court under Sec.114 of the Code of Civil Procedure. By invoking the power of rectification, the ultimate conclusion of a decision cannot be changed. So also, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appreciating the pleadings put forth, we are of the considered opinion 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 findings entered by the Assessing Authority was based clearly on facts which was susceptible to an appeal. We also did not find any error apparent from the record which enabled the assessee to invoke the said provision. 13. In the said circumstances, we do not find any illegality or other legal infirmities in the finding entered by the Appellate Tribunal so as to invoke our jurisdiction conferred under Sec.260A of the Income Tax Act, 1961. Appeal fails and ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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