Law:

Section:

Section 154 of the Income-tax Act, 1961 - Rectification of mistakes - Apparent from record - Assessment year 1982-83 - Whether power to rectify is to be exercised only in case where mistakes is apparent on face of record and for this purpose record does not means merely assessment order but also return, documents which accompanied it and if there has been omission on part of Assessing Officer to take note of contents of that record, while making his order, mistake in assessment can be regarded as apparent - Held, yes - Status of assessee-firm was rectified from 'unregistered firm' to 'registered firm' under section 154 on basis of letter attached to return which stated that application in Form No. 12 for continuation of registration alongwith Form No. 6 for extension of time for filing of return had already been filed by assessee - Whether as there was no dispute that assessee-firm was duly registered and it had sought renewal, and so was required to be treated as registered firm and it had never been contention of assessee that it had not sought renewal of registration or letter which accompanied return was itself erroneous or incorrect, order of rectification in question was valid - Held, yes FACTS The assessee which was a registered firm carrying on 'agency business', had filed return for the assessment year 1982-83 along with the letter from its chartered accountant, 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 was taken as unregistered firm since there was no application for continuation of registration'. That order of the assessment was made on 21-3-1985. Subsequently, on 24-11-1987 that order was rectified under section 154. In that order of 24-11-1987, it was stated that the earlier order of the assessment was made without taking note of the letter of the chartered accountant, which had accompanied the return and wherein it was clearly stated that an application for renewal had in fact been filed for which, an acknowledgement…

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