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2016 (5) TMI 1525 - AT - Income TaxRectification of mistake - Revised order invoking the provisions of section 154 - input / CENVAT credit on capital goods claimed by the assessee as business expenditure - HELD THAT:- From the facts of the case it is apparent that the learned AO has invoked the provisions of section 154 of the Act after passing orders under section 143(3) r.w.s. 147 of the Act on an issue which is debatable and to be decided by a conscious thought process. Therefore we are of the considered view that, the learned Commissioner of Income Tax (Appeals) has rightly relied in the decision in the cases of Dimosaur Steels Ltd. and JCIT [2012 (9) TMI 839 - SUPREME COURT] and in the case of CIT Vs. Soora Subramanian [2009 (10) TMI 579 - MADRAS HIGH COURT] wherein it was held that section 154 of the Act can only be invoked for rectifying mistake which is apparent on the face of the record but not in respect of an issue which is debatable in nature. In these circumstances, we do not find it necessary to interfere with the order of the learned Commissioner of Income Tax (Appeals) on this issue. - Decided against revenue.
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