TMI Blog2013 (7) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... under minimum alternative tax is cumbersome and at that time, involved several debatable issues. The assessee himself had not done any computation under Section 115JA - Prima facie adjustment is not possible - Decided in favour of assessee. - Income Tax Appeal No. 702/2007 - - - Dated:- 29-7-2013 - Sanjiv Khanna And Sanjeev Sachdeva,JJ. For the Appellant : Mr. R. Santhanam, Advocate. For the Respondent : Mr. Sanjeev Sabharwal, Sr. Standing Counsel. ORDER Sanjiv Khanna, J. (Oral):- Having heard learned counsel for the parties, we frame the following substantial question of law:- (1) Whether the Assessing Officer could have made prima facie adjustment and held that minimum alternative tax under Section 115JA was pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 154 of the Act dated 6th May, 2002 relying upon the order passed by the CIT (Appeals) in the earlier assessment year, i.e.,Assessment Year 1997-98. This application was allowed by the CIT(Appeals) vide order dated 18th June, 2002. 5. Revenue preferred appeal before the tribunal and has succeeded with the tribunal holding that the CIT(Appeals) had exceeded his jurisdiction under Section 154 of the Act. The question whether adjustment under Section 143(1)(a) in relation to MAT can be made was a debatable issue and, therefore, the CIT(Appeals) could not have rectified the so-called mistake, which amounts to change of opinion on a debatable matter. 6. Learned counsel for the appellant has submitted and referred to question No. 2 framed by u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ative tax under Section 115JA. The contention may be wrong or incorrect but it has to be dealt with and examined. Further computation has to be made under Section 115JA of the Act, which is not possible without examining and considering several aspects. In SRF Charitable Trust (supra) it was observed that where it was evident from the return as filed along with the document in support that a claim of the assessee was inadmissible, then adjustment under the said provision was justified. However, in cases of lack of proof in support of the claim, adjustment was not permissible and the Assessing Officer should issue notice under Section 143(2) of the Act. In the present case, on the question of what and how the adjustment was to be made was di ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
