2002 (9) TMI 62

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..... ?" - In this case, the power to rectify under section 154 of the Act has been properly done. It has never been the contention of the assessee that it had not sought for renewal or what had been stated by its chartered accountant in the letter, which accompanied the return, was itself erroneous or incorrect. The firm was duly registered. It had sought renewal and so was required to be treated as a .....

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..... in which letter it was stated that an application in Form No. 12 for continuation of registration along with Form No. 6 for extension of time for filing the return had already been filed by the assessee. While making the assessment, the Assessing Officer stated "the assessee is taken as unregistered firm since there is no application for continuation of registration". That order of assessment was .....

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..... tored the rectification order passed by the Income-tax Officer. It is submitted by learned counsel for the assessee that there was no mistake apparent on the face of the record which could have been rectified and all that has happened is that the Assessing Officer has changed his opinion. The question as to whether the assessee is a registered firm or an unregistered firm is not a matter of opin .....

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..... ion and that the application for renewal had also been received in the office. The view taken by the Assessing Officer subsequently for making rectification was that what was already part of the record before the Assessing Officer had been omitted from consideration by him, and that omission amounted to a mistake which was apparent on the face of the record. Learned counsel for the assessee pl .....

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..... n this case, the power to rectify under section 154 of the Act has been properly done. It has never been the contention of the assessee that it had not sought for renewal or what had been stated by its chartered accountant in the letter, which accompanied the return, was itself erroneous or incorrect. The firm was duly registered. It had sought renewal and so was required to be treated as a regist .....

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