COMMISSIONER OF INCOME-TAX Vs. SUNDER DASS SETIA

JUDGEMENT

(1.) THE following questions of law have been referred for the opinion of this court arising out of the order passed by the Income -tax Appellate Tribunal, Amritsar Bench, Amritsar (for short, 'the Tribunal') in I.T.A. No. 647/Chandi/79 dated December 20, 1980, in respect of the assessment year 1974 -75: 1. Whether, on the facts and in the circumstances of the case, the Income -tax Appellate Tribunal is right in law in holding that the mistake of not calculating the capital as on the first day of the previous year, when the assessment order was passed for the purpose of computation of deduction admissible under Section 80J, is not a mistake apparent from record which can be rectified by the Income -tax Officer under Section 154 ?

(2.) WHETHER , on the facts and in the circumstances of the case, the Income -tax Appellate Tribunal is right in law in holding that the issue of computation of capital employed as on the first day of the previous year for the purpose of computation of relief under Section 80J is a contentious one in which there can be two opinions and, therefore, there is no mistake apparent from record rectifiable by the Income -tax Officer ?

(3.) THE reference is disposed of accordingly.