COMMISSIONER OF INCOME TAX Vs. MALABAR TILE WORKS

JUDGEMENT

(1.) THESE income-tax references at the instance of the Revenue, relate to the assessment years 1985-86 and 1986-87. The question referred under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), is as follows :

(2.) THE facts of the case are as follows :

(3.) SRI Raveendranatha Menon submitted that it is a case where there was omission on the part of the Department to assess the assessee under Section 183(b) of the Act. According to learned counsel, this amounts to a mistake on the face of the records. Hence, the order passed by the Tribunal as well as the Commissioner is not correct. Learned counsel for the assessee submitted that there was no mistake in the order. The assessee had applied for registration under Section 185 of the Act. But that was not allowed. Subsequently, the assessment was made as per the returns. There was no mistake in the assessment order. Hence, it cannot be said that there is any mistake in the order to enable the Revenue to make rectification.