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2009 (3) TMI 373 - HC - Income Tax“Whether Tribunal was justified in law in holding that a debatable issue which cannot be a subject-matter of rectification in proceedings under section 154 of the Act, without appreciating the fact that the assessee has not deducted depreciation from the eligible profit before claiming deduction under section 80-IB?” - The very fact that this court itself is divided on the issue, whatever be the merits of the matter, the Assessing Officer at least had no jurisdiction to exercise his jurisdiction under section 154. As and when there is conflict of opinion amongst the Benches the same cannot amount to an error apparent on the face of the record. - in our opinion, there was no mistake apparent on the face of the record In the light of that the exercise of jurisdiction by the Assessing Officer was without jurisdiction. Consequently, we find no merits in this appeal, which is accordingly dismissed.
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