Om Infra Limited, Jaipur Rajasthan vs Dcit, Central Circle-1, Jaipur, ... on 31 July, 2024
Decision on debatable point of law cannot be mistake apparent from record.-As
regards the question of levy of interest under section 154 through rectification of
assessment order, the peculiarity of section 154 is that it can be invoked only to
rectify a mistake apparent from the record. An apparent mistake would mean a
clerical or arithmetic mistake which is glaring and obvious, may it be of law or of
facts. If the mistake is to be discovered through a long process of reasoning, it
would not be a mistake apparent from the record. A decision on a debatable
point of law cannot be mistake apparent from record. Highly debatable issues are
out where as hardly debatable issues fall in purview of the section IAsst. CIT v.
Norasia Lines (Malta) Lid., (2007) 107 ITD 301, 324 (Coch) (SB) = 109 TTJ 152].