TMI Blog2017 (4) TMI 975X X X X Extracts X X X X X X X X Extracts X X X X ..... V. CIT (1992 (9) TMI 49 - GUJARAT High Court) and the registered office of the respondent assessee being in the State of Gujarat, the law laid down by the Gujarat High Court was binding. In view of all the submissions, in our considered view the order passed by the CIT (Appeals), the Income Tax Appellate Tribunal and also the order of the Gujarat High Court impugned herein cannot sustain and are set aside as they have wrongly held that the issue was debatable and could not be considered in the proceedings under section 143 (1) of the Act. With the aforesaid observations, the Appeal succeeds and the same is allowed. - Civil Appeal No. 2315/2007 - - - Dated:- 28-3-2017 - R. K. Agrawal And Mohan M. Shantanagoudar, JJ. For the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... covered by Section 35D or Section 37 of the Act. 5. Feeling aggrieved by the order passed by the First Appellate Authority, the Revenue preferred an appeal before the Income Tax Appellate Tribunal. The Tribunal vide order dated 04.09.2003 upheld the order of the Income Tax Commissioner (Appeals) and dismissed the Appeal filed by the Revenue. 6. The appellant preferred an appeal under Section 260-A of the Act before the High Court of Gujarat at Ahmedabad. The Division Bench of the High Court by the impugned order dismissed the appeal on the ground that a debatable issue cannot be disallowed while processing return of income under Section 143(1)(a) of the Act. 7. We have heard Mr. K. Radhakrishnan, learned Senior Counsel appearing fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Ribbon Mfg. Co. Ltd. v. CIT (1981) 127 ITR 239 (Del), Calcutta High Court in Brook Bond India Ltd. v. CIT (1983) 140 ITR 272 and Kesoram Industries Cotton Mills Ltd. - (1992) 196 ITR 845, Bombay High Court in Bombay Burmah Trading Corpn. Ltd. v. CIT (1984) 145 ITR 793, Punjab Haryana High Court in Groz Beckert Saboo Ltd. v. CIT (1986) 160 ITR 743 (P H), Gujarat High Court in Ahmedabad Mfg. Calico (P) Ltd. v. CIT -(1986) 162 ITR 800 (Guj) and Alembic Glass Industries Ltd. v. CIT (1993) 202 ITR 214 (Guj), Andhra Pradesh High Court in Vazir Sultan Tobacco c. Ltd. v. CIT (1988) 174 ITR 689 (AP) and Rajasthan High Court in CIT v. Aditya Mills (1990) 181 ITR 195 (Raj) and CIT v. Multi Metals Ltd. - (1991) 188 ITR 151 (Raj), ..... X X X X Extracts X X X X X X X X Extracts X X X X
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