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1 - 6 of 6 (0.17 seconds)The Code of Civil Procedure, 1908
Section 254 in The Income Tax Act, 1961 [Entire Act]
Express Newspapers Ltd. vs Deputy Commissioner Of Income-Tax on 31 January, 1997
6. The jurisdictional High Court in the case of Express Newspapers
Limited vs. Deputy CIT 320 ITR 12, observed as under:-
The Commissioner Of Income-Tax, ... vs Shree Man Junathesware, Packing ... on 2 December, 1997
:- 7 -: I.T.A.Nos.1463 & 1464/Mds/2013
"Sec. 154 of the Act opens with the words 'with
a view to rectifying any mistake apparent from
the record...' The term 'record' as noticed
earlier is not defined in the section or in the
definition section of the Act. For determining
the true scope of this provision and the meaning
to be properly assigned to the term 'record' it
is necessary to keep in view the object of the
provision and the nature of the power conferred
on the authorities under that provision. These
are the criteria which the Supreme Court adopted
while considering the scope and effect of
section 263 of the Act and the meaning to be
assigned to the word 'record' used in that
provision, in the case of CIT Vs. Shree
Manjunathesware Packing Products & Camphor Works
(1997) 143 CTR (SC) 406 : (1998) 231 ITR 53
(SC). The object with which power is conferred
by section 154 is as stated in the marginal
heading 'rectification of mistake'. The
principal condition for exercising the power
under section 154 of the Act is the existence of
a mistake in the record. The mistake is not to
be a mistake which requires in-depth probing to
discover, but is a mistake which is 'apparent'
from the record. The power conferred by this
provision is only to enable the authorities to
rectify the 'apparent' mistakes in the record.
Section 263 in The Income Tax Act, 1961 [Entire Act]
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