Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2017 (3) TMI 437

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Shri Mohota Advocate for the Respondent JUDGMENT ( Per : Smt. Vasanti A. Naik, J.) The assessee M/s. Ganapati Chemicals is the appellant in all the income tax appeals and the appeals are heard together as the issue involved in the appeals is similar and similar orders of the Income Tax Appellate Tribunal are challenged therein. The appellant assessee is a partnership firm running a small sca .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the Commissioner of Income Tax (Appeals) and the appellate authority allowed the appeals filed by the appellant and set aside the orders of the Assessing Officer under Section 154 of the Act. The Revenue carried the matter to the Income Tax Appellate Tribunal, Nagpur. The Income Tax Appellate Tribunal allowed the appeals of the Revenue and held that in view of the judgment of the Hon'ble Supr .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... from the record. It is submitted that there were two contrary decisions of this Court and hence the Full Bench has set the said issue at rest in the year 2009 in the case of Plastiblends India Ltd., Mumbai vs. Additional Commissioner of Income Tax, reported in 2010 (1) Mh. L.J. 527. Shri Mohota, the learned counsel for the Revenue supported the order of the Tribunal and submitted that the issue .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... h the orders of the Tribunal in these appeals. Though we have framed the question "whether a issue which is debatable could be corrected under Section 154 of the Act", the same would not arise for consideration in the circumstances of the case. The issue was not debatable, as the same was decided by the Hon'ble Supreme Court in the year 2000. In the judgment, reported in 2000 DGLS (SC) 356, th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates