1.   The Commissioner of Income Tax Vs. Madan Lal Dawar, ITA  No. 1554/2010 decided on 7th October, 2010  ( Delhi High Court).

It is settled law that the primary burden of proof to prove under-statement or concealment of income is on the revenue and it is only when such burden is discharged that it would be permissible to rely upon the valuation given by the DVO. It has been further held that in any event, the opinion of the DVO, per se, is not an information and cannot be relied upon without the books of account being rejected.

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See also :

1.1   Earlier held in The Commissioner of Income Tax Vs. Shri Bajrang Lal Bansal, ITA No. 182/2010 decided on 20th August, 2010 (Delhi High Court).

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1.2   The Commissioner of Income Tax Vs. Ramesh Kakkar, ITA  No. 1550/2010 decided on 7th October, 2010 (Delhi High Court)

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2.   The Commissioner of Income Tax Vs. Jindal Stainless Ltd., ITA  No. 1500/2010 decided on 6th October, 2010 ( Delhi High Court).

That neither a debatable point of law nor failure to apply the correct law to a set of facts can be corrected by way of a rectification under Section 154 of the Act. 

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See also :

2.1  MEPCO Industries Ltd. Vs. Commissioner of Income Tax and Another (2009)319 ITR 208 (SC)