TMI Blog2012 (12) TMI 496X X X X Extracts X X X X X X X X Extracts X X X X ..... issue was covered in favour of the assessee and in any event the issue was debatable. In such a case, no fault can be found with the decision of the Tribunal in holding that the assessing officer was not justified in invoking jurisdiction under Section 154 of the Act. Once it is held that the assessing officer was not justified in invoking jurisdiction under Section 154 of the Act, then we do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in [2003] 261 ITR 98 (Bom) deduction under Section 80IA of the Act ought to have been computed in the assessment order by thrusting depreciation upon the assessee. As the same was not done, the assessing officer was justified in invoking jurisdiction under Section 154 of the Act. Admittedly, on the date on which the notice under Section 154 of the Act was issued, the ITAT in its decision dated 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... invoking jurisdiction under Section 154 of the Act. This Court in the case of The Commissioner of Income Tax-10 V/s. M/s. Chemtex Engineering of India Ltd. [Income Tax Appeal No.5742 of 2010] decided on 29th October, 2012 has taken similar view while setting aside the order passed by CIT under Section 263 of the Act. 4. Once it is held that the assessing officer was not justified in invoking ju ..... X X X X Extracts X X X X X X X X Extracts X X X X
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